§ 8-23-17-27 — Awards for condemnation proceeding expenses

(a) The court having jurisdiction of a
proceeding instituted by an agency to acquire real property by eminent
domain shall award the owner of a right, or title to, or interest in, the
real property the sum that will in the opinion of the court reimburse the
owner for reasonable costs, disbursements, and expenses, including
reasonable attorney, appraisal, and engineering fees, actually incurred
because of the condemnation proceedings, if:
(1) the final judgment is that the agency cannot acquire the real
property by eminent domain; or
(2) the proceeding is abandoned by the agency.
(b) An award made under subsection (a) shall be paid by the agency
for whose benefit the eminent domain proceedings were instituted.
(c) The court rendering a judgment for the plaintiff in a proceeding
brought under IC 32-24-1-16 or any other Indiana law providing for the
institution of proceedings by the owner seeking just compensation for
property taken for public use in awarding compensation for the taking
of property by an agency, or the agency effecting a settlement of a
proceeding, shall determine and award or allow to the plaintiff, as a
part of the judgment or settlement a sum that will in the opinion of the
court or the agency reimburse the plaintiff for reasonable costs,
disbursements, and expenses, including reasonable attorney, appraisal,
and engineering fees, actually incurred because of the proceeding.

Legislative History

As added by P.L.18-1990, SEC.226. Amended by P.L.2-2002, SEC.49.