28-7153. Condemnation; litigation expenses
A. The court having jurisdiction of a proceeding instituted by the department to acquire real property by condemnation shall award the owner of any right to, title to or interest in the real property an amount that will reimburse the owner for the owner's reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of the condemnation proceedings, if any of the following occurs:
1. The final judgment is that the department cannot acquire the real property by condemnation.
2. The proceeding is abandoned or dismissed on a motion by the department as authorized by section 28-7100.
B. The court rendering a judgment for the plaintiff in a proceeding brought under section 28-7052 awarding compensation for the taking of property by the department in effecting a settlement of that proceeding shall determine and award to the plaintiff, as a part of the judgment or settlement, an amount that in the opinion of the court or the department will reimburse the plaintiff for the plaintiff's reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of the proceeding.
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