Section 57-0213. Defense, attorneys' fees, court costs


Latest version.
  • 1.  For each town adopting a local law implementing regulations in the
      protection areas consistent with this title, there shall be a defense by
      the state against any damages, losses, costs, or expenses of any kind or
      nature incurred or suffered  by  such  town  or  its  agents,  servants,
      officials  or  employees,  in  the event of legal actions or proceedings
      brought  against  the  town  or  its  agents,  servants,  officials,  or
      employees  that may result from the municipal acquisition of land or the
      adoption or implementation of a local law consistent with this title.
        2. The state shall pay reasonable  attorneys'  fees  and  court  costs
      incurred  by  each  town  in  connection  with  such  legal  actions  or
      proceedings, including any appeal.
        3. Such defense shall be conditioned upon:
        (a) delivery by the town board or  its  agent,  servant,  official  or
      employee  against  whom  the legal action or proceeding was commenced to
      the attorney general or an assistant attorney general at  an  office  of
      the  department  of  law  in  the  state,  the original or a copy of any
      summons, complaint, process, notice, demand, or pleading  within  thirty
      days  after  such  document  is served upon the town board or such other
      party; and
        (b) the full cooperation of the town board or such other party against
      whom the action or proceeding was  commenced  in  the  defense  of  such
      action  or proceeding and in defense of any action or proceeding against
      the state based upon the same act or omission, and in the prosecution of
      any appeal.