§ 18-15-1702. Definitions
As used in this subchapter: (1) “Fair market value” means the price a willing buyer would pay a willing seller after considering all factors in the marketplace that influence the price of private real property; (2) “Governmental unit” means the state and any of its agencies or political subdivisions; (3) “Owner” means a person with […]
§ 18-15-1703. Taking — Application
(a) (1) An owner of real property asserting a taking under this subchapter shall bring a cause of action in circuit court claiming that the implementation of a regulatory program by a governmental unit has permanently reduced by at least twenty percent (20%) the fair market value of the real property. (2) The reduction in […]
§ 18-15-1704. Statute of limitations
(a) (1) A lawsuit under this subchapter shall be filed by the one-hundred-eightieth day after the date the private real property owner knew or should have known that the regulatory program restricted or limited the owner’s right in the private real property. (2) The statute of limitations begins upon the final administrative decision implementing the […]
§ 18-15-1403. Application
(a) When it shall be deemed necessary by the city or town, cemetery or burial association, or persons owning land used for public burial purposes to take private property for burial purposes, an application in writing shall be made to the circuit court of the proper county or the judge thereof in vacation, describing as […]
§ 18-15-1705. Cumulative remedies
(a) The remedies provided under this subchapter are not exclusive and are in addition to other procedures or remedies provided by law. (b) A person shall not recover under this subchapter and also recover under another law or in an action at common law for the same economic loss.
§ 18-15-1404. Setting of time for inquiry
If it shall appear to the court or judge that notice has been served ten (10) days before the time of application, or has been published, and that the notice is reasonably specific and certain, then the court or judge shall set a time for the inquiry into the assessment of compensation by a jury […]
§ 18-15-1706. Appeals
An appeal from the final judgment of the cause of action in § 18-15-1703 may be taken according to law.
§ 18-15-1405. Summoning of jury for inquiry
(a) A jury shall be summoned for the purpose of making the inquiry in the same manner that petit jurors are summoned in the circuit court for other purposes when the circuit court is regularly in session. If the hearing is before the judge out of term time, then the jury shall be summoned on […]
§ 18-15-1406. Determination of compensation — Dispute
(a) The jury shall hear the evidence and determine the amount of compensation to be paid to the owners of the property so condemned. (b) (1) In case of dispute as to the ownership, title, or interest of the property condemned, the amount of compensation determined by the jury may be paid into the court […]
§ 18-15-1407. Costs
The cost of the condemnation proceedings provided for in this subchapter shall be paid by the city or town, cemetery or burial association, or persons owning land used for public burial purposes instituting the condemnation proceeding, except costs of review or appeal or any other proceeding taken by the owner of the property after the […]