U.S. Code » Title 42 » Chapter CHAPTER 61— UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS › Subchapter SUBCHAPTER III— UNIFORM REAL PROPERTY ACQUISITION POLICY

42 U.S.C. § 4654

Litigation expenses

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(a) Judgment for owner or abandonment of proceedingsThe Federal court having jurisdiction of a proceeding instituted by a Federal agency to acquire real property by condemnation shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if—(1) the final judgment is that the Federal agency cannot acquire the real property by condemnation; or(2) the proceeding is abandoned by the United States.(b) Payment

Any award made pursuant to subsection (a) of this section shall be paid by the head of the Federal agency for whose benefit the condemnation proceedings was instituted.

(c) Claims against United States

The court rendering a judgment for the plaintiff in a proceeding brought under section 1346(a)(2) or 1491 of title 28, awarding compensation for the taking of property by a Federal agency, or the Attorney General effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will in the opinion of the court or the Attorney General reimburse such plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding.

(Pub. L. 91–646, title III, § 304, Jan. 2, 1971, 84 Stat. 1906.)
Notes of Decisions
Cited in 265 cases (36 in the last 5 years), 1971–2026 · leading case: Bywaters v. United States, 670 F.3d 1221 (Fed. Cir. 2012).
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Bywaters v. United States, 670 F.3d 1221 (Fed. Cir. 2012). · cites it 14× “” 42 U.S.C. § 4654 (c).1 This case involves takings compensation claims brought by appellants against the United States.”
Haggart v. United States, 809 F.3d 1336 (Fed. Cir. 2016). · cites it 7× “See 42 U.S.C. § 4654 (c). In September 2009, the Claims Court certified the class as an opt-in class action in accordance with Rule 23 of the Rules of the United States Court of Federal Claims (“RCFC”).”
Raymo v. Sec'y of Health & Human Servs., 129 Fed. Cl. 691 (Fed. Cl. 2016). · cites it 2× “1906 (codified at 42 U.S.C. § 4654 ). Under the Uniform Relocation Act, a prevailing plaintiff is entitled to reimbursement from the government for, among other things, reasonable attorneys’ fees and costs.”
United States v. 329.73 Acres of Land, Situated in Grenada & Yalobusha Counties, State of Mississippi, & J.G. Carter, 704 F.2d 800 (5th Cir. 1983). · cites it 8× “The award of attorneys’ fees in condemnation cases against the government was already authorized, in limited circumstances, by 42 U.S.C. § 4654 , and the imposition of costs in such cases was specially regulated by Fed.”
Biery v. United States, 818 F.3d 704 (Fed. Cir. 2016). · cites it 2× “Plaintiffs appeal from an order of the Court of Federal Claims awarding them attorney fees under the fee shifting provisions of the Uniform Relocation Assistance and Real Property Act of 1970, 42 U.S.C. § 4654 (c), Plaintiffs’ counsel asserts that the Court of Federal Claims…”
United States v. 341.45 Acres of Land, 751 F.2d 924 (8th Cir. 1984). · cites it 19× “Next, the government argues that the exception clause and the savings provision preclude application of the EAJA when another statute authorizes an award of attorney’s fees.”
Preseault V. United States, 52 Fed. Cl. 667 (Fed. Cl. 2002). · cites it 2× “Before the court after argument is plaintiffs’ application for attorneys’ fees and expenses pursuant to the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, 42 U.S.C. § 4654 (c) (1994) (the “URA”). Among the issues to be decided are whether and to what…”
Marek v. Chesny, 473 U.S. 1 (1985). · cites it 2× “1906 , 42 U. S. C. §§ 4654 (a) and (c). 6. Nuclear Regulatory Commission Appropriations Authorization of 1978, 92 Stat.”
Greenwood v. United States, 131 Fed. Cl. 231 (Fed. Cl. 2017). · cites it 4× “of Settlement Agreement; Attorneys’ Fees and Costs; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4654 (c) (“URA”); Partial Final Judgment; RCFC 54(b) ORDER GRANTING FINAL APPROVAL OF PARTIES’ PROPOSED SETTLEMENT AND…”
Otay Mesa Prop., L.P. v. United States, 124 Fed. Cl. 141 (Fed. Cl. 2015). · cites it 7× “Border Patrol’s Use of Seismic Intrusion Sensors on Plaintiffs’ Property; Attorneys’ Fees and Expenses; 42 U.S.C. § 4654 . OPINION AND ORDER REGARDING AWARD OF ATTORNEYS’ FEES AND EXPENSES WHEELER, Judge.”
Gavette v. Off. of Pers. Mgmt., 808 F.2d 1456 (Fed. Cir. 1986). · cites it 3× “73 Acres of Land, the Fifth Circuit, in banc, held that the EAJA applies to eminent domain cases even though another statute, 42 U.S.C. § 4654 , also provides for attorney fees in certain eminent domain cases.”
Long v. State of S.D., 2017 SD 78 (S.D. 2017). · cites it 3× “Necessary expenses are defined, in part, in 42 U.S.C. § 4654 (c) as “reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees[.”
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