Department of Transportation v. Winston Container Co.

PARKER, Judge.

The sole question presented is whether the court erred in denying defendant’s petition that it be awarded its attorney, appraisal, and engineering fees as part of the costs to be taxed against the plaintiff. We find no error.

At the outset we note that litigation expenses and costs, including those incurred by a landowner in a condemnation proceeding, may be taxed only if authorized by statute. City of Charlotte v. McNeely, 281 N.C. 684, 190 S.E. 2d 179 (1972). Such expenses incurred by the landowner do not constitute part of the “just compensation” required to be paid by the…