If, on an appeal taken under the provisions of § 31.064 above, the petitioner shall be determined not to have the authority to maintain the proceedings as to any property, which is the subject thereof, or if, with the consent of all parties to the proceeding whose interests shall be affected, the petitioner dismisses the petition or abandons the proceedings as to any the property, the trial court then shall enter a nonvesting the title to the property in the parties entitled thereto, if the order of taking vested title in the petitioner; requiring the petitioner to deliver possession of the property to the parties entitled to the possession thereof; and making the provisions as shall be just, for the payment of damages arising out of the petitioner's taking and use of the property, and also for costs, expenses and attorney fees, and the court may order the clerk of the court to pay such sums to the parties entitled thereto, out of the money deposited by the petitioner in accordance with the provisions of § 31.065(A) above.
(Ord. 83-405, passed 3-10-1983)