State Ex Rel. Spannaus v. Carter

Yetka, Justice.

This is an appeal from an order of the district court denying defendant landowners’ motion for allowance of reasonable attorneys fees incurred during litigation of eminent domain proceedings which culminated in a jury award in excess of both the initial amount offered by the plaintiff condemnor and the amount awarded by the condemnation commissioners. We affirm.

The issue is clearly drawn. Does the Fifth Amendment of the United States Constitution or Article 1, § 13, of the Minnesota Constitution require that attorneys fees be awarded to the condemnee as an element of “just…