holding, under statute providing for recovery of expenses when condemnation "proceeding is abandoned," that amended petition changing property interest condemnor seeks can amount to abandonment for which expenses are sometimes recoverable, depending on balancing test that considers "(1) whether the case was dismissed voluntarily; (2) the passage of time or how long the case has been pending; (3) changes in the quantum or description of the property taken; and, (4) the motive and reasonableness of the condemnor's action in amending the petition"
How later courts described this case
- holding, under statute providing for recovery of expenses when condemnation "proceeding is abandoned," that amended petition changing property interest condemnor seeks can amount to abandonment for which expenses are sometimes recoverable, depending on balancing test that considers "(1) whether the case was dismissed voluntarily; (2) the passage of time or how long the case has been pending; (3) changes in the quantum or description of the property taken; and, (4) the motive and reasonableness of the condemnor's action in amending the petition"
Written by the judges who cited it.
The opinion
REIF, P.J.,
dissenting.
¶ 1 I would hold that there was no abandonment and remand for trial on the issue of damages/compensation. Whether the taking *662 was in fee or an easement simply goes to the issue of compensation.