Poundage fee and court costs in condemnation proceedings.

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Every condemnor, be it the state, a political subdivision thereof, or a private entity, shall be liable for poundage fee and court costs in a condemnation proceeding; provided, however, that in an inverse condemnation proceeding the condemnor shall not be liable for the poundage fee and court costs incurred by the condemnee if the court or a jury finds there has been no taking or damage of the condemnee's property, or any interest therein, by the condemnor. Those public entities which are restricted by law from advancing costs shall be allowed to file the condemnation proceeding without costs prepayment, but at the termination of each such case, the court clerk will render to the condemnor an itemized bill for costs and shall claim payment of all costs due in the case.

Added by Laws 1975, c. 293, § 7, eff. Oct. 1, 1975. Amended by Laws 1991, c. 97, § 1, eff. Sept. 1, 1991.


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