Legislation
SECTION 701
Additional allowance
Eminent Domain Procedure (EDP) CHAPTER 73, ARTICLE 7
§ 701. Additional allowance. In instances where the order or award is
substantially in excess of the amount of the condemnor's proof and where
deemed necessary by the court for the condemnee to achieve just and
adequate compensation, the court, upon application, notice and an
opportunity for hearing, may in its discretion, award to the condemnee
an additional amount, separately computed and stated, for actual and
necessary costs, disbursements and expenses, including reasonable
attorney, appraiser and engineer fees actually incurred by such
condemnee. The application shall include affidavits of the condemnee and
all parties that have incurred expenses on the condemnee's behalf,
setting forth inter alia the amount of the expenses incurred.
substantially in excess of the amount of the condemnor's proof and where
deemed necessary by the court for the condemnee to achieve just and
adequate compensation, the court, upon application, notice and an
opportunity for hearing, may in its discretion, award to the condemnee
an additional amount, separately computed and stated, for actual and
necessary costs, disbursements and expenses, including reasonable
attorney, appraiser and engineer fees actually incurred by such
condemnee. The application shall include affidavits of the condemnee and
all parties that have incurred expenses on the condemnee's behalf,
setting forth inter alia the amount of the expenses incurred.