1. A. The court shall award the condemnee his litigation expenses whenever:

   1. (1) the condemnor has abandoned the condemnation proceeding;
   2. (2) the condemnation proceeding has been dismissed for any reason except when a bona fide settlement has been reached; or
   3. (3) there is a final determination that the condemnor does not have a right to take the property sought to be acquired in the condemnation proceeding.
2. B. Before awarding litigation expenses pursuant to this section, the court shall review the reasonableness of such expenses and fees.

History: 1978 Comp., § 42A-1-25, enacted by Laws 1981, ch. 125, § 21.

ANNOTATIONS

Refusal to negotiate as taking without "right". — Where a county deliberately chose to take property first and litigate afterwards, forcing the landowner to initiate the lawsuit, the district court properly concluded that the county did not have the "right" to take the property, and the condemnee was entitled to an award of attorney's fees. Landavazo v. Sanchez, 1990-NMSC-114, 111 N.M. 137, 802 P.2d 1283.