Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“It came to my attention that my village had taken some of my property. When I asked about it they said if you don’t agree get a survey (to demonstrate that it was my property) at my expense. Flash forward to today and the village has Eminent Domain proceedings against the property they took (as it was my property). My question is will I be able to recover the cost of the survey ($1600) during the course of these proceedings?”That’s a good question, but unfortunately one not easily answered. What counts as recoverable costs varies widely from state to state, and eminent domain proceedings are usually governed by special rules even within a state (i.e., I’d have to look it up even if it were in the state where I practice).
Question: Your best bet is to consult with a local property litigation attorney.
