[§414-372]  Court costs and counsel fees. 
(a)  The court in an appraisal proceeding commenced under section 414-371 shall
determine all costs of the proceeding, including the reasonable compensation
and expenses of appraisers appointed by the court.  The court shall assess the
costs against the corporation, except that the court may assess costs against
all or some of the dissenters, in amounts the court finds equitable, to the
extent the court finds the dissenters acted arbitrarily, vexatiously, or not in
good faith in demanding payment under section 414-359.



(b)  The court may also assess the fees and
expenses of counsel and experts for the respective parties, in amounts the
court finds equitable:



(1)  Against the corporation and in favor of any or
all dissenters if the court finds the corporation did not substantially comply
with the requirements of sections 414-351 to 414-359; or



(2)  Against either the corporation or a dissenter, in
favor of any other party, if the court finds that the party against whom the
fees and expenses are assessed acted arbitrarily, vexatiously, or not in good
faith with respect to the rights provided by this part.



(c)  If the court finds that the services of
counsel for any dissenter were of substantial benefit to other dissenters
similarly situated, and that the fees for those services should not be assessed
against the corporation, the court may award to these counsel reasonable fees
to be paid out of the amounts awarded the dissenters who were benefited. [L
2000, c 244, pt of §1]