Where a condemnation proceeding is instituted by the agency to acquire real property for such use and the final judgment is that the real property cannot be acquired by condemnation or the proceeding is abandoned, the owner of any right, title or interest in such real property shall be paid such sum as will, in the opinion of the court, reimburse such owner for reasonable attorney, appraisal and engineering fees, actually incurred because of the condemnation proceedings. The awards of such sums will be paid by the agency.

29 Del. C. 1953, § ?9203; 58 Del. Laws, c. 413, § ?3; 70 Del. Laws, c. 186, § ?1; 75 Del. Laws, c. 216, § ?2;