City of Benton, Appellant/cross-Appellee v. Alcoa Road Storage, Inc., Appellee/cross-Appellant

Summary

The court held that the statutory phrase “costs occasioned by the assessment” in the municipal eminent-domain statute does not authorize recovery of attorney’s fees or expert-witness fees absent specific statutory authority. It therefore reversed the attorney’s-fee award and affirmed the denial of expert-witness fees. Justice Hart, dissenting, would have treated both categories of fees as part of the landowner’s constitutionally required just compensation.