§ 54-12-147. Appellants as Plaintiffs in Circuit Court — Consolidation of Damage Cases — One Transcript in Several Appeals
In the circuit court, the cases shall be docketed with the appellant or appellants as plaintiffs, and the adversary parties as defendants, and where there are several appellants on questions of damages, the circuit court may consolidate the causes and hear or try them together, if practicable, making proper findings or orders as to each. […]
§ 54-12-148. Costs in Discretion of Circuit Court
On the appeals, it shall rest in the discretion of the circuit court how costs shall be adjudged and distributed among the litigants.
§ 54-12-149. Trial With or Without a Jury in Circuit Court
The trial in the circuit court shall be with or without a jury, as the court may deem the right of the parties to be, under the particular issues to be tried, the right to a jury being accorded wherever the parties have the right under the law of the land.
§ 54-12-137. Viewers Upon Being Sworn to View Premises, Fix Damages and Report
The viewers appointed to assess damages, after being duly sworn to act impartially and faithfully to the best of their abilities, shall proceed to view the premises and determine and fix the amount of damages to which each claimant is entitled, and file reports in writing with the county clerk showing the amount of damages […]
§ 54-12-138. Report of Viewers to Be Filed Promptly — Others Appointed Upon Failure to Act
The report of the viewers shall be filed as soon as practicable, and if any of them fails or refuses to act, for any reason, or they do not proceed to act with promptness, the monthly county court may appoint others as viewers in the place of any or all of them.
§ 54-12-139. Value of Land — Incidental Benefits Considered in Estimating Incidental Damages
In establishing the damages, the viewers shall give the value of the land proposed to be taken without deduction, but incidental benefits that may result to the owners by reason of the proposed improvement may be taken into consideration in estimating the incidental damages.
§ 54-12-130. Publication for Nonresidents, or Those Whose Names or Residences Are Unknown
In case any such owner, lienholder or encumbrancer is a nonresident of the state, or the person’s name or residence cannot be ascertained after diligent inquiry, and these facts are made to appear by affidavit filed, then publication shall be made for the owner, lienholder or encumbrancer for two (2) consecutive weeks in some newspaper […]
§ 54-12-131. Writ or Publication Need Not State Contents of Petition or Its Prayer
The writ or summons and the publication notice need not give or set out in any detail the contents of the petition or of its prayer.
§ 54-12-132. Adjournment Until Notice Given — Jurisdiction Not Lost — Appearance Without Formal Answer
If at the time set for hearing it appears to the monthly county court that any person entitled to notice as provided in §§ 54-12-128 — 54-12-131 has not received notice, the hearing shall be adjourned until the person can be given the required notice, and the court shall not lose jurisdiction of the subject […]
§ 54-12-133. Claim for Damages to Be Filed — Guardian or Conservator Ad Litem Appointed for Persons Under Disability
Any person claiming damages as compensation for or on account of the construction of the improvement shall file a claim in the office of the county clerk at least three (3) days prior to the day on which the petition has been set for hearing, and on failure to file the claim at the time […]