Attorney Fees and Costs

Montana law provides that a landowner is entitled to recover "reasonable and necessary" attorney fees and costs as part of the requirement that the landowner be "made whole" in resolving the issues presented.

Having an attorney who is not well-versed in the details of eminent domain law can subject a landowner to the payment of fees for which they cannot recover from the condemning agency.

Landowners are also entitled to recover reasonable fees for experts, including appraisers, necessary to present evidence of valuation and damages arising as a result of the taking.

Having an extensive knowledge of both a reasonable rate for attorneys as well as their "reasonableness and necessity" is critical.

MT Just Compensation has evaluated attorney fees for condemnation, construction claims and damage claims for more than forty years. Qualified and informed evaluation and testimony, if necessary, essential to a complete recovery for a landowner.