Attorney fee standards in eminent domain statutes are either:
- reasonable attorney fees or costs
- attorney fees and costs “actually incurred” *
* Courts may find “Actually incurred” means invoiced and not actually paid.
The Nebraska Supreme Court in Transcanada was analyzing a “actually incurred” standard when it determined there was insufficent supporting evidence concerning the attorney fees.
TransCanada Keystone Pipeline, LP v. Nicholas Family Ltd. P’ship, No. S-17-116 (Mar. 9, 2018) via Nebraska: Eminent Domain Fee Statute Only Requires Reimbursement Of Fees “Actually Incurred” (So Unsupported Claim Is Right Out)