Appellant, Mobile Housing Board, questions the ruling of the Circuit Court in awarding an attorney’s fee and assessing it as part of the costs in an eminent domain proceeding. The contention is made that Act 715, Acts of Alabama 1967, Regular Session, p. 1552, is void for vagueness and uncertainty. It is also argued that said Act is unconstitutional under Article 1, § 1; Article 1, § 10; Article 1, § 13; and Article 1, § 35, of the Constitution of the State of Alabama, 1901, and under the Fourteenth Amendmеnt to the Constitution of the United States.
The original proceeding to condemn the property was filed in the Probate Court. An order of condemnation followed with commissioners appointed and with aрpraisal and award to the property owners. Appeal by the Housing Authority Board demanded a jury trial in the Circuit Court. After verdict and judgment for the property owners for $25,000, the Circuit Court entered the following ordеr:
“In open Court on this day; It is ordered and adjudged by the Court that pursuant to Act 715 of .the 1967 Legislature approved September 8, 1967, the Court fixes the fee for the defendants’ attorney in the sum of $1000.00, and assesses the same as part of the costs in this cause.”
This motion was overruled on March 3, 1969, and this appeаl followed.
There are only two assignments of error argued. Assignment of Error 3 relates to the award of аttorney’s fee as provided in Act 715 of the 1967 Legislature, approved September 8 1967.
The identical question was recently decided by this court in Mobile Housing Board v. George N. Cross et al.,
“The Mobile Housing Board is sрecially clothed with the power to exercise a right of sovereignty which it could not exercise but for the action of the legislature. Having conferred the power upon the Housing Board to take private property by condemnation, the legislature can validly impose any reasonable condition upon its exercise as the legislature sees fit. We hold that the legislature could require thе Housing Board to pay all reasonable costs of the proceedings on appeal, Including a reasonable attorney’s fee to be assessed by the court. Dohany v. Rogers,281 U.S. 362 ,50 S.Ct. 299 ;74 L.Ed. 904 ; City of Sacramento v. Swanston,29 Cal.App. 212 ,155 P. 101 (1915); Sanitary District of Chicago v. Bernstein,175 Ill. 215 ,51 N.E. 720 (1898); Gano v. Minneapolis & St. Louis R.R.,114 Iowa 713 ,87 N.W. 714 ,55 L.R.A. 263 (1901).”
Finally, we consider Assignment of Error 4. Appellant here asserts error in the oral charge to the jury dealing with the basis of assеssment or valuation of the property as provided in Act 717, Regular Session 1967. This act provides:
“Sectiоn 1. In all counties of this state having a population of not less than 300,000 nor more than 500,000, according to the last or any subsequent federal decennial census, in any condemnation proceeding instituted in connection with an urban renewal or other redevelopment plan or project undertaken рursuant to Act No. 553, IT. 145, Regular Session 1955 (Acts 1955, p. 1210), the commissions appointed pursuant to Code of Alabamа 1940, Title 19, Section 11, as amended, shall fix and determine the value of any property sought to be acquirеd thereby at no less than the value of such property as of the date of the announcement of said urban renewal plan or project, or declaration of the slum, blight, or deterioration to bе removed.”
Appellant contends this Act is void and unconstitutional for vagueness and uncertainty. Other reasons are suggested, but we find it unnecessary to enumerate them. There was no motion for a new trial cоntending the award was excessive and at no time on this appeal is it asserted this is an excessive award.
This court has repeatedly refused to review assignments of error which deal with giving or refusing of'written chаrges and oral instructions pertaining only to the measure of damages where the State has not assigned as error and argued that the compensation awarded was excessive.— State v. Jefferson Cоunty Board of Education,
It follows that reversible error is not made to appear in connectiоn with that portion of the court’s oral charge excepted to by the Housing Authority and made the basis of Assignment of Error 4.
In addition to the fee awarded in the Circuit Court, counsel for the property owners, here, on motion requests this Court to allow and award them reasonable attorney’s fee for services hеre rendered in the instant appeal, which appellees assert is allowable under Act 715, supra. We note this Act refers to appeals made “from an order of condemnation or as provided by Cоde of Alabama 1940, Title 19, Section 20, including rea
This statute, Act 715, сannot be judicially extended to encompass attorney’s fees in this Court and accordingly they are denied.
The case is due to be affirmed.
The foregoing opinion was prepared by J. Edgar Bowron, Supernumerary Circuit Judge, and is adopted by the Court as its opinion.
Affirmed.