(1) The report may be modified by the court and the easement or right-of-way may be granted or decreed to the petitioners as the court may deem proper upon the payment to the defendant, or to the clerk of the court for the defendant's use, of the damages assessed, with costs and, if awarded pursuant to subsection (b), attorney's fees.
(2) In addition to the damages and costs awarded to the defendant as provided by §§ 54-14-103 and 54-14-109, the court may award reasonable attorney's fees to the defendant. The court shall not award attorney's fees if the court finds the defendant has acted in bad faith.