Title 22, Chapter 2, Section 84.1
( 22-2-84.1)
(a) If the condemnor appeals to the superior court from the
assessors' award, the condemnor shall be liable for reasonable
expenses incurred by the condemnee in determining just and adequate
compensation in the superior court unless the judgment in such court
is for an amount of compensation which is less than the assessors'
award by at least 20 percent. If the condemnee appeals to the
superior court from the assessors' award, the condemnee shall be
liable for reasonable expenses incurred by the condemnor in
determining just and adequate compensation in the superior court
unless the judgment in such court is for an amount of compensation
which is greater than the assessors' award by at least 20 percent.
If both the condemnor and condemnee appeal to the superior court
from the assessors' award, neither shall be liable for the other's
appeal expenses. (b) As used in this Code section, reasonable expenses include,
without being limited to, attorneys' fees. The amount of such
expenses shall be decided by the judge in the condemnation
proceeding and shall be a separate entry upon the award or final
judgment. (c) The provisions of this Code section apply to condemnations pursuant to this title and to those pursuant to Chapter 3 of Title 32. For purposes of this Code section, a condemnee in a proceeding under Chapter 3 of Title 32 will be deemed to have appealed the assessors' award only if the condemnee does not notify the court to dismiss the condemnee's appeal within the time specified for such notice in subsection (g) of Code Section 32-3-15. For purposes of this Code section, a condemnor in a proceeding under Chapter 3 of Title 32 will be deemed to have appealed the assessors' award only if the condemnor files with the court a notice objecting to the condemnee's dismissal of the appeal within the time specified in subsection (g) of Code Section 32-3-15. (d) Notwithstanding any other provision of this Code section,
neither the condemnor nor the condemnee shall be required to pay the
other party's costs and attorneys' fees related to the litigation
and appeal of issues of law including, but not limited to, issues of
compensability. |