condemnor , also: condemner

Some jurisdictions require that the condemnor offer to purchase the property before resorting to the use of eminent domain.

"If the condemnor submits an appraisal, and the award is two or three times higher, then the appraiser is not reputable," he said.

"History shows that most condemnations are 200 to 300 percent higher than the condemnor estimates," Mr. O'Rourke said.

(d) The General Assembly may provide by law for the payment by the condemnor of reasonable expenses, including attorney's fees, incurred by the condemnee in determining just and adequate compensation.

Some states do provide for limited recovery of such litigation expenses, typically when the owners' recovery substantially exceeds the amount of the condemnor's pretrial offer or the evidence presented by the condemnor at trial by a specified percentage.

However, in some cases, the property owner challenges the right to take because the proposed taking is not for "public use", or the condemnor is not legislatively authorized to take the subject property, or has not followed the proper substantive or procedural steps as required by law.