United States v. 122.00 Acres of Land, More or Less, Located in Koochiching County, Minnesota and the Estate of Agnes J. Rudser Ring

MAGILL, Circuit Judge.

I. INTRODUCTION

This case involves an award of attorney’s fees, pursuant to the provisions of section 304(a)(2) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (Relocation Act), 42 U.S.C. § 4654, in a condemnation action which was abandoned by the United States. Because we believe the attorney’s fees awarded by the district court were not “actually incurred” by the condemnee, as required by the statute, we reverse.

II. BACKGROUND

From 1982 through early 1984, the Department of the Interior negotiated for the purchase of a tract of land…