In re the Glen Cove Urban Renewal Agency

In this eminent domain proceeding the claimant has filed several objections to the tentative decree. Several of the points raised have been resolved by the parties, and the remaining point presents a very interesting question.

Section 16 of the Condemnation Law provides that if compensation awarded by the court to a resident owner of property exceeds the amount offered 'by the condemnor, or if the condemnor makes no offer, then the court shall direct that the defendant shall recover costs, and may grant an additional allowance of costs not to exceed 5% of the amount awarded.

*985Counsel for…