Escanaba & Land Superior Railroad Co. v. Keweenaw Land Association

Is a property owner, whose land is unsuccessfully sought to be condemned by a third party under the Uniform Condemnation Procedures Act, 1 entitled to reimbursement of attorney fees and expenses pursuant to § 16 of that act, MCL 213.66; MSA 8.265(16), where the condemnation action was dismissed because of the legal insufficiency of the proceedings but the court had not expressly found "the proposed acquisition improper”? If the answer to this question is "yes,” are attorney fees and expenses of in-house legal counsel recoverable? The questions raised are of first impression.

Plaintiff,…