Section 12-106 - Costs; interest on award; removal of property from tax rolls.
§ 12-106. Costs; interest on award; removal of property from tax rolls.
(a) Plaintiff pays costs.- The plaintiff shall pay all the costs in the trial court.
(b) Costs included on award.- The costs in a condemnation proceeding include:
(1) The usual per diem to the jurors;
(2) The cost of transporting the trier of fact to view the property;
(3) The cost of meals for the jury if the court so orders;
(4) The cost of recording the inquisition among the land records and of all documentary stamps which may be required in the transfer of the property to the plaintiff; and
(5) An allowance to the defendant, as fixed by the court, for the reasonable legal, appraisal, and engineering fees actually incurred by the defendant because of the condemnation proceeding, if the judgment is for the defendant on the right to condemn.
(c) Interest on award.- In proceeding under Article III of the Constitution of the State, or any amendment to it, the plaintiff shall pay interest at the rate of 6 percent per annum on any difference between the amount of money initially paid into court for the use of the defendant and the jury award as stated in the inquisition, from the date the money was paid into court to the date of the inquisition or final judgment, whichever date is later.
(d) Removal of property from tax rolls.- On taking possession, acquiring the right to take possession, or the actual transfer of title to the plaintiff, whichever occurs first, the plaintiff immediately shall file with the supervisor of assessments for the county involved a written notification or record setting forth in sufficient detail the area of the land and a description of any improvement being acquired. If the plaintiff is an agency or instrumentality of the State, the supervisor of assessments, on filing of the notification or record, immediately shall remove the property from the tax rolls.
[An. Code 1957, art. 21, § 12-107; 1974, ch. 12, § 2; 1975, ch. 108.]