§ 40A-8. Costs. - North Carolina Statutes

§40A‑8.  Costs.

(a)        In any action underthe provisions of Article 2 or Article 3 of this Chapter, the court in itsdiscretion may award to the owner a sum to reimburse the owner for charges hehas paid for appraisers, engineers and plats, provided such appraisers orengineers testify as witnesses, and such plats are received into evidence asexhibits by order of the court.

(b)        If a condemnorinstitutes a proceeding to acquire by condemnation any property and (i) if thefinal judgment in a resulting action is that the condemnor is not authorized tocondemn the property, or (ii) if the condemnor abandons the action, the courtwith jurisdiction over the action shall after making appropriate findings offact award each owner of the property sought to be condemned a sum that, in theopinion of the court based upon its findings of fact, will reimburse the ownerfor: his reasonable costs; disbursements; expenses (including reasonableattorney, appraisal, and engineering fees); and, any loss suffered by the ownerbecause he was unable to transfer title to the property from the date of thefiling of the complaint under G.S. 40A‑41.

(c)        If an action isbrought against a condemnor under the provisions of G.S. 40A‑20 or 40A‑51seeking compensation for the taking of any interest in property by thecondemnor and judgment is for the owner the court shall award to the owner as apart of the judgment after appropriate finding of fact a sum that, in theopinion of the court based upon its finding of fact, will reimburse the owneras set out in subsection (b). (1981, c. 919, s. 1.)