§ 136-119. Costs and appeal. - North Carolina Statutes

§136‑119.  Costs and appeal.

The Department ofTransportation shall pay all court costs taxed by the court. Either party shallhave a right of appeal to the Supreme Court for errors of law committed in anyproceedings provided for in this Article in the same manner as in any othercivil actions and it shall not be necessary that an appeal bond be posted.

The court having jurisdictionof the condemnation action instituted by the Department of Transportation toacquire real property by condemnation shall award the owner of any right, ortitle to, or interest in, such real property such sum as will in the opinion ofthe court reimburse such owner for his reasonable cost, disbursements, andexpenses, including reasonable attorney fees, appraisal, and engineering fees,actually incurred because of the condemnation proceedings, if (i) the finaljudgment is that the Department of Transportation cannot acquire real propertyby condemnation; or (ii) the proceeding is abandoned by the Department ofTransportation.

The judge rendering a judgmentfor the plaintiff in a proceeding brought under G.S. 136‑111 awardingcompensation for the taking of property, shall determine and award or allow tosuch plaintiff, as a part of such judgment, such sum as will in the opinion of thejudge reimburse such plaintiff for his reasonable cost, disbursements andexpenses, including reasonable attorney, appraisal, and engineering fees,actually incurred because of such proceeding. (1959, c. 1025, s. 2; 1971,c. 1102, s. 1; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)