KRS 271B.13-310: Court costs and counsel fees.

(1) The court in an appraisal proceeding commenced under KRS 271B.13 -300 shall

determine all costs of the proceeding, including the reasonable compensation and

expenses of appraisers appointed by the court. The court shall assess the costs

against the corporation, except that the court may assess costs against all or some of

the dissenters, in amounts the court finds equitable, to the extent the court finds the

dissenters acted arbitrarily, vexatiously, or not in good faith in demanding payment

under KRS 271B.13-280.

(2) The court may also assess the fees and expenses of counsel and experts for the

respective parties, in amounts the court finds equitable:

(a) Against the corporation and in favor of any or all dissenters, if the court finds

the corporation did no t substantially comply with the requirements of KRS

271B.13-200 to 271B.13-280; or

(b) Against either the corporation or a dissenter, in favor of any other party, if the

court finds that the party against whom the fees and expenses are assessed

acted arbit rarily, vexatiously, or not in good faith with respect to the rights

provided by this subtitle.

(3) If the court finds that the services of counsel for any dissenter were of substantial

benefit to other dissenters similarly situated, and that the fees for those services

should not be assessed against the corporation, the court may award to these counsel

reasonable fees to be paid out of the amounts awarded the dissenters who were

benefited.