32-15-35. Eminent domain proceedings - Costs of defendant to be paid when
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/nd/title-32/chapter-32-15-eminent-domain/32-15-35·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
proceedings withdrawn or dismissed by party bringing the proceedings.
Whenever the state acting by and through its officers, departments, or agencies, or any municipality or political subdivision of this state acting by and through its officers, departments, or agencies, or any public utility, corporation, limited liability company, association, or other entity which has been granted the power of eminent domain by the state, shall commence eminent domain proceedings against any land within this state and thereafter withdraws or has such proceedings dismissed without agreement of the defendant, the state, municipality, political subdivision, public utility, corporation, limited liability company, association, or entity commencing such eminent domain proceedings shall be liable for and pay to the owner of such land all court costs, expenses, and fees, including reasonable attorney's fees as shall be determined by the court in which the proceedings were filed.