1088                             Laws of Maryland                      [Ch. 349

(b)    The costs in a condemnation proceeding shall include but
not be limited to:

(1.) The usual per diem to the jurors.

(2.) The cost of transporting the trier of fact to view the prop-
erty.

(3.) The cost of meals for the jury if the court so orders.

(4.) The cost of recording the inquisition among the land records,
and of all documentary stamps which may be required in the trans-
fer of the property to the plaintiff.

(5.) An allowance to the defendant, to be fixed by the court, for
the reasonable legal, appraisal and engineering fees actually incurred
by the defendant because of the condemnation proceeding, if the
judgment is for the defendant on the right to condemn.

(c)    In proceedings under §§ 40A or 40B of Article III of the
Constitution of the State the plaintiff shall pay interest at the rate
of 6 percent per annum on the difference, if any, between the amount
of money initially paid into court for the use of the defendant and
the award of the jury as stated in the inquisition, from the date
the money was so paid into court and the date of the inquisition
or final judgment whichever date is later.

(d)    Whenever the plaintiff takes possession or has the right to
take possession or upon the actual transfer of title to the plaintiff,
whichever occurs first, the plaintiff shall immediately file with the
supervisor of assessments for the county involved or Baltimore City,
as the case may be, a written notification or record setting forth
in sufficient detail the area of the land and a description of any
improvement being acquired. Upon such notification the supervisor
of assessments, if the plaintiff is an agency or instrumentality of
the State of Maryland, shall forthwith remove such property from
the tax rolls.

12-108. Appeals.

(a)    Right to appeal.—Any party to a condemnation case may
appeal from a final judgment or determination to the Court of
Appeals in the manner prescribed by the Maryland Rules.

(b)    Attorney's fee.—If upon appeal the final decision be that
the plaintiff is not entitled to condemn the property,, a reasonable
counsel fee, to be fixed by the trial court, shall be awarded to
counsel for the defendant and taxed against the plaintiff together
with the other costs of the case.

(c)    Costs.—Costs in the Court of Appeals shall be paid as directed
by the Court of Appeals.

(d)    Possession of property pending appeal.—If plaintiff desires
possession pending appeal, it may make payment of the award pur-
suant to Subtitle U of the Maryland Rules and in addition file with
the clerk of the court a bond to the State of Maryland in such
penalty as the court may prescribe conditioned that in case said
judgment shall be reversed, the plaintiff shall well and truly pay
and satisfy the defendant so appealing all damages caused such
defendant by the plaintiff by reason of the taking of possession