| More Protective Laws of Other States |
Montana The condemnor must pay litigation expenses that include reasonable and
necessary attorney fees, expert witness fees, exhibit costs and court costs, when the property
owner challenges a compensation amount as unfair and prevails by receiving an award in
excess of the final offer of the condemnor. Also requires the condemnor to consider the most
advantageous use to which the property is reasonably adaptable in determining
compensation or fair market value. The current use may not be the highest and best use.
Oregon The condemnor must pay reasonable costs and attorney fees if the property owner
prevails and the amount of compensation awarded exceeds the highest written offer
submitted by the condemnor; or the written offer made by the condemnor prior to filing the
action did not constitute a good faith offer, reasonably believed to be "just compensation."
Florida The condenmor must pay reasonable costs and attorney fees if the property owner
prevails in the action and the court determines that the settlement offer did not constitute a
bona fide offer. Also, when a a governmental entity inordinately burdeneds an existing use of
property or the right to the use of property, the owner is entitled to relief, which may include
compensation for the actual loss to the fair market value of the property caused by the action
of government.
New York The condemnor must offer an amount he believes to be just compensation. It
must be 100% of the established valuation and in no event shall it be for less than the
condemnor's highest approved appraisal. Condemnor's initial offer must also include
severance and/or other consequential damages.
Wisconsin The property owner may obtain an appraisal of all property to be acquired and
may submit the reasonable costs to the condemnor for payment. The owner may use this
appraisal in subsequent appeals.
New Jersey The condemnor shall reimburse the property owner for the folowing expenses:
(1) any recording fees, transfer taxes and other similar expenses in connection with the
acquisition of the property by the condemnor or in connection with the transfer of the property,
and (2) any penalty incurred for prepayment of any preexisting mortgage entered into in good
faith, encumbering such property, and (3) the pro rata portion of the real property taxes, water
rents, sewer rents, special ad valorem taxes and other charges paid or payable to a taxing
entity.
Kansas The condemnor is specifically instructed to consider the following factors in
determining the amount of compensation and damages to be paid: the appearance of the
remaining property; the loss of trees and shrubbery, to the extent they affect the value of the
land taken; and the view, to the extent it is a beneficial attribute. Also requires the condemnor
to consider the most advantageous use to which the property is reasonably adaptable in
determining compensation or fair market value. The current use may not be the highest and
best use.
Oklahoma Any change in the fair market value of property prior to the date of valuation, that
is caused by the proposed project or by the likelihood of the project should be disregarded in
determining compensation for the property. Also requires the condenmor's initial written offer
to include severance and/or other consequential damages to the remaining property.
Maine The exercise of eminent domain by electric utilities is not allowed within 300 feet of a
residential dwelling.
New Hampshire The owner of residential property has the option of requiring that the utility
buy the entire property, if any portion of the land is taken. If the owner exercises this option the
utility must provide a perimeter survey of the entire tract at no cost to the owner.
South Dakota The property owner has the option to require the utility to purchase any
amount of contiguous land outside the designated right-of-way which he owns and elects to
transfer to the utility. No land more than 1/2 mile from the center line of the powerline need be
taken.
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