Costs of the appeal shall be taxed against the plaintiff-condemnor in all cases except those in which the appeal is brought by the defendant-condemnee and the judgment is for the same or a lesser sum than that awarded by the commissioners.
Rule 4:73-8.Costs on appeal
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:73-8 taxes appeal costs against the condemnor, except when the condemnee brings the appeal and ends up with a judgment no larger than the commissioners already awarded.
Full Text of Rule 4:73-8
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:92-8.
Plain-English Summary
The condemnor generally bears the cost of a condemnation appeal. The one exception flips that: if the condemnee is the one appealing and the judgment comes back the same as or less than what the commissioners already awarded, that condemnee — not the condemnor — absorbs the costs.
Frequently Asked Questions
Who pays the costs of a condemnation appeal?
Generally the condemnor, except when the condemnee appeals and the judgment is the same or less than the commissioners' award.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:73-8). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: condemnation appeal costs