Title 42, The Public Health and WelfareRelease 119-110

§4654 Litigation Expenses

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

Last updated Sep 22, 2026|Official source

Summary

If a federal court finds the government cannot take your land by condemnation, or if the United States drops the case, the property owner or anyone with a legal interest in the land must be paid back for reasonable costs they actually had because of the case, including attorney, appraisal, and engineering fees. The head of the federal agency that started the case must pay that award. When a court orders payment for a government taking, or the Attorney General settles such a case, the court or the Attorney General must also decide and include payment for those reasonable costs as part of the judgment or settlement.

Full Legal Text

Title 42, §4654

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

(a)Judgment for owner or abandonment of proceedings

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)Payment

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)Claims against United States

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

Sep 22, 2026

Release point: 119-110