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Appeal From Denial of Costs in Condemnation Action
In Transwestern Pipeline Co. v. 17.19 Acres of Prop. Located in Maricopa Cty., No. 09-16850, an appeal from the district court's denial of defendant's motion for fees and costs in a condemnation action, the court affirmed where the term "United States," as used in 42 U.S.C. section 4654(a)(2), did not include a private entity prosecuting a condemnation action under the authority granted by the Federal Electric Regulatory Commission.
As the court wrote: "The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601-4655 (the Act) sets forth procedures for land acquisitions by certain federal and federally assisted programs. Among other things, the Act allows a landowner to seek reimbursement of specified costs and fees incurred in connection with a condemnation proceeding instituted by a "Federal agency" (as defined) if "the [condemnation] proceeding is abandoned by the United States." Id. § 4654(a)(2)."