Civil Rights
Block on Trump's Asylum Ban Upheld by Supreme Court
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)."
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