UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)BY REQUEST OF THE DEPARTMENT OF TRANSPORTATION
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE METHOD OF COMPUTING REASONABLE AND NECESSARY ATTORNEY FEES UNDER THE EMINENT DOMAIN STATUTES; AMENDING SECTION 70-30-306, MCA; AND PROVIDING AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 70-30-306, MCA, is amended to read:
"70-30-306. Necessary expenses of litigation defined. (1) Necessary expenses of litigation, as authorized by 70-30-305, mean reasonable and necessary attorney fees, expert witness fees, exhibit costs, and court costs.
(2) Reasonable and necessary attorney fees are based on the amount of compensation recovered that exceeds the condemnor's final offer as provided in 70-30-305. Attorney fees must be awarded in accordance with the following schedule:
(a) 35% of a recovery that exceeds the condemnor's final offer by up to $20,000; plus
(b) 30% of any portion of the recovery that exceeds the condemnor's final offer by an amount between $20,000 and $100,000; plus
(c) 25% of any portion of the recovery that exceeds the condemnor's final offer by an amount between $100,000 and $500,000; plus
(d) 20% of any portion of the recovery that exceeds the condemnor's final offer by an amount exceeding $500,000 the
customary hourly rates for an attorney's services in the county in which trial is held. Reasonable and necessary attorney fees
shall be computed on an hourly basis and may not be computed on the basis of any contingent fee contract entered into after
July 1, 1977.
(3) Reasonable and necessary expert witness fees may not exceed the customary rate for the services of a witness of
such that expertise in the county in which trial is held."
NEW SECTION. Section 2. Applicability. [This act] applies to proceedings initiated after December 31, 2001.
- END -
Latest Version of LC 210 (LC0210.01)
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