City of Colorado Springs v. Andersen Mahon Enterprises, LLP

Opinion by

Judge LICHTENSTEIN.

In this eminent domain proceeding, petitioner, the City of Colorado Springs, appeals the trial court's order awarding attorney fees to respondent, Andersen Mahon Enterprises, LLP, pursuant to section 88-1-122(1.5), C.R.S.2009. We reverse the order.

Under section 388-1~122(1.5), property owners are entitled to reimbursement for attorney fees they incur in challenging the governmental entity's valuation of their condemned property if the court's award exceeds the condemning entity's last written offer by thirty percent:

[IJn addition to any compensation awarded to the…