§ 32-24-1-14 — Costs of proceedings; litigation expenses

(a) Except as provided in subsection (b), the
plaintiff shall pay the costs of the proceedings.
(b) If there is a trial, the additional costs caused by the trial shall be
paid as ordered by the court. However, if there is a trial and the amount
of damages awarded to the defendant by the judgment, exclusive of
interest and costs, is greater than the amount specified in the last offer
of settlement made by the plaintiff under section 12 of this chapter, the
court shall allow the defendant the defendant's litigation expenses,
including reasonable attorney's fees, in an amount not to exceed the
lesser of:
(1) twenty-five thousand dollars ($25,000); or
(2) the fair market value of the defendant's property or easement
as determined under this chapter.
[Pre-2002 Recodification Citation: 32-11-1-10.]

Legislative History

As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.12.