Rule 4:73-8 Costs on Appeal

When a property condemnation case is appealed, the government or agency taking the property (the condemnor) usually has to pay the court costs of the appeal. This is true in most situations.

There is one exception. If the property owner (the condemnee) is the one who appeals, and the court ends up awarding them the same amount or less than what was originally offered by the commissioners, then the property owner does not get their costs covered by the condemnor.

In simple terms, the government pays appeal costs unless the property owner appeals and loses ground on the dollar amount.