Awarding attorneys fees to prevailing party in eminent domain proceeding

HB 4590 (West Virginia House Bill 4590) would amend state law to allow private property owners who win their case in an eminent domain proceeding to recover reasonable attorney fees and costs from the government entity (the "applicant" seeking to take the property). Currently, the government pays trial court costs, but this bill specifically adds that a private property owner who "substantially prevails" in either trial or appellate court could be awarded these fees. The bill directly affects private landowners facing government takings who successfully challenge the action in court. It changes the cost-shifting mechanism to make it easier for property owners to cover legal expenses when they win their case against the government.