Sec. 14. (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.]
As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.12.
Structure Indiana Code
32-24-1-1. "Condemnor" Defined
32-24-1-5.5. Time Limit for Filing a Complaint
32-24-1-5.8. Time Limit for Filing a Complaint; Indiana Department of Transportation Projects
32-24-1-5.9. Time Limit for Filing a Complaint; Public Utilities and Pipeline Companies
32-24-1-6. Notice to Appear in Court; Notice of Right to Object; Form of Notice
32-24-1-7. Notice to Appear in Court; Publication; Nonresident Landowners; Assessment of Damages
32-24-1-8. Objections to Proceedings; Appeals; Attorney's Fees
32-24-1-9. Appraisers; Oath and Duty
32-24-1-10. Payment of Benefits or Damages Assessed
32-24-1-11. Notice of Filing of Appraisers' Reports; Exceptions to Reports
32-24-1-12. Offer of Settlement; Acceptance; Rejection
32-24-1-13. Highways and Roads; Appointment of Appraisers
32-24-1-14. Costs of Proceedings; Litigation Expenses
32-24-1-15. Forfeitures; Failure to Pay Damages or Take Possession