Massachusetts General Laws Part I. Administration of the Government (Ch. 1-182) Ch. 80A, § 13

If the petition is dismissed under section seven, costs, as in actions at law, shall be awarded to the respondents, in addition to indemnity for loss and damages as provided in section eleven. If, upon entry of an interlocutory or final judgment of condemnation it appears that a respondent has been awarded greater compensation or damages than was allotted to him in the estimate contained in the order adopted under sections two and three or if betterments to be assessed on the land of any respondent have been determined to be less than as estimated in said order, such respondent shall be entitled to such costs; otherwise, he shall be liable for such costs.