§113-4 - Proceeding by owner.
[§113-4] Proceeding by owner. Where an
inverse condemnation proceeding is instituted by the owner of any right, title
or interest in real property because of use of the owner's property in any
program or project in which federal or federal-aid funds are used, the court,
rendering a judgment for the plaintiff in such proceeding and awarding
compensation for the taking of property, or the State's attorney effecting a
settlement of any such proceeding, shall determine and award or allow to such
plaintiff, as a part of such judgment or settlement, such sums as will, in the
opinion of the court or the State's attorney, reimburse such plaintiff for the
plaintiff's reasonable costs, disbursements and expenses, including reasonable
attorney, appraisal and engineering fees, actually incurred because of such
proceeding. [L 1971, c 32, §4; gen ch 1985]