Martens v. State, Department of Highways

Civil Rule 72(k) provides that a property owner in a condemnation suit is not entitled to costs and attorney’s fees unless(2) the award of the court was at least ten (10) percent larger than ... the allowance of the master from which an appeal was taken, or(4) allowance of costs and attorney’s fees appears necessary to achieve a just and adequate compensation of the owner.

Here the master’s allowance from which the appeal was taken was $218,700.00 and the award of the court was $182,650.00, some 16.41% smaller than the master’s allowance.

I believe that the only sensible construction of parts…