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the Sponsor's claim for Federal participation in the settlement. 43. CONDEMNATION AWARDS. When it becomes apparent that negotiations have reached an impasse and sufficient time has elasped for the property owner to make a decision (normally 6 to 12 months from grant agreement) the Sponsor should take the necessary action to file for condem- nation and complete the land acquisition as quickly as legal proceedings permit. a. Disposition of Condemnation Cases. It is recognized that after an acquisition is referred to legal counsel in charge of representing the Sponsor in condemnation litigation, counsel is responsible for subsequent negotiations, the selection of trial witnesses, and settlement and appeal determina- tions; and he may select witnesses, settle, proceed to trial, or make an appeal on the basis of his evalua- tion of each case as a lawsuit in eminent domain. There should however be consultation and exchange of views between counsel and the Sponsor's repre- sentative having final authority over acquisition matters, or their designees, prior to the settlement of any case for an amount substantially different from the established just compensation or any other decision which substantially affects the disposition of a case. b. Condemnation Settlements. Where a settle- ment is made substantially in excess of the estab- lished just compensation, the file is to contain the following supporting information: (1) A signed statement by the attorney who handled the case describing his reasons for the settlement with supporting data as appropriate. (2) A signed statement by the chief administra- tive officer of the airport authority indicat- ing his concurrence in whole or in part; and if in part, his reasons therefor. c. Condemnation Awards. Where an award, after contested trial on the merits, is substantially in excess of the high amount testified to by the Sponsor, Federal participation will generally be per- mitted in the award providing that the amount of the award is considered reasonable based on facts disclosed by the report suggested below and does not include elements of value, damage or costs not eligible in eminent domain proceedings. If an award is substantially in excess of the established just com- pensation, disregarding elements of damage not eligible, Federal participation will not be allowed 24 in the difference unless there is supporting docu- mentation in the parcel file to include the following: (1) A trial report by the trial attorney including but not limited to the following information: (a) Caption of case, (b) Approved just compensation, (c) Appraisal valuations and dates, (d) Date and place of trial, (e) Brief factual report of the trial in- cluding range of value testimony, major issues, and differences in ap- proaches to value, (f) A description of the major differ- ences, if any, in approaches to value among the Sponsor's witnesses and those of the landowner, An explanation for the difference, if any, between the approved just com- pensation and the Sponsor's high testimony. (h) Comments on possible legal error in the record and explanation of the at- torney's action regarding motions, objections, etc., and the court's legal rulings thereto. (2) Recommendations of the trial attorney re- garding the possible success in requesting a new trial, remittitur and/or appeal and his reasons therefor. (3) A signed statement by the Sponsor in which he approves or concurs in the action of the trial counsel. d. Litigation Expenses. Payment of litigation ex - expenses will be as follows: (1) If any one of the three following conditions exist, the Sponsor will reimburse the owner for his reasonable costs, disbursements and expenses, including reasonable attorney fees, appraisal and engineering fees for necessary services that were actually incurred: (a) If the acquiring Sponsor starts a con- demnation action, but the court de- cides that the Sponsor does not have authority to acquire the property by condemnation. If the acquiring Sponsor starts a con- demnation action and abandons it. If the owner successfully maintains, by judgmental award or by settle- ment, an inverse condemnation suit or similar proceeding. An inverse con- demnation is where an owner brings (g) (b) (c)