While there are a number of complicated issues raised by that case, as with many eminent domain cases, it is the dispute over attorney fees that really caught my attention.
As reported in the article, the private attorney hired by the Idaho Transportation Department to litigate on its behalf is now seeking approximately $1.1 million (nearly twice the determined value of the land in dispute) from the landowner to pay for ITD’s attorney fees in the case.
You read that correctly: ITD essentially wants the landowner to pay ITD for taking the landowner’s property against the landowner’s wishes.
For more information about this case and about the constitutional requirements for “just compensation” please click HERE.
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