Title 42 — The Public Health and WelfareRelease 119-73

§4654 Litigation expenses

Title 42 › Chapter CHAPTER 61— - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS › Subchapter SUBCHAPTER III— - UNIFORM REAL PROPERTY ACQUISITION POLICY › § 4654

Last updated Apr 6, 2026|Official source

Summary

Gives property owners money to repay reasonable costs when the federal government starts a condemnation case but cannot take the land or drops the case. The court may award the owner actual expenses they paid because of the case, such as reasonable attorney, appraisal, and engineering fees. The head of the federal agency that started the case must pay that award. If a court awards compensation for a government taking in a suit under 28 U.S.C. 1346(a)(2) or 1491, or the Attorney General settles such a case, the court or Attorney General must also include payment for those same reasonable costs.

Full Legal Text

Title 42, §4654

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Federal court having jurisdiction of a proceeding instituted by a Federal agency to acquire real property by condemnation shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if—

(1)the final judgment is that the Federal agency cannot acquire the real property by condemnation; or

(2)the proceeding is abandoned by the United States.

(b)Any award made pursuant to subsection (a) of this section shall be paid by the head of the Federal agency for whose benefit the condemnation proceedings was instituted.

(c)The court rendering a judgment for the plaintiff in a proceeding brought under section 1346(a)(2) or 1491 of title 28, awarding compensation for the taking of property by a Federal agency, or the Attorney General effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will in the opinion of the court or the Attorney General reimburse such plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding.

Reference

Citations & Metadata

Citation

42 U.S.C. § 4654

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73