Ada County Highway District ex rel. Fairbanks v. Acarrequi

ON DENIAL OF PETITION FOR REHEARING

SHEPARD, Justice.

This is an appeal from only that portion of a judgment awarding attorneys’ fees and costs to the defendant property owner in an action in which the appellant Ada County Highway District sought and obtained the condemnation of lands owned by respondents Acarrequi. The only question presented is whether a property owner defendant in an eminent domain proceeding is absolutely entitled to reasonable attorneys’ fees and costs as a part of the just compensation due under the fifth and fourteenth amendments to the United States Constitution and…