Nebraska: Eminent Domain Fee Statute Only Requires Reimbursement Of Fees "Actually Incurred" (So Unsupported Claim Is Right Out)

Here's the latest case on our (second) favorite subject, recovery of attorneys' fees. First, let's be frank: in our experience, many courts don't really care all that much for requests for fees and costs, for whatever reason. Maybe it's because the merits have already been decided and these requests are collateral "tails." Maybe it's because they don't think that the applying parties deserve to be reimbursed. Maybe it's because many judges do not come from a private practice background and therefore are not fully appreciative of the cost of private representation. Maybe it's because the evidentiary details required to support these requests can be … unexciting. Who can say. And, as we've mentioned previously here, assembling a request for attorneys fees can be a slog. Does anyone really like going through their time entries and bills, redacting stuff, tracking down costs, gathering testimony that fees are…

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