28-7091. Definition of market value For the purposes of this article, " market value" means the most probable price estimated in terms of cash in United States dollars or comparable market financial arrangements that the property would bring if exposed for sale in the open market, with reasonable time allowed in which to find a […]
28-7092. Land acquisition; transportation purposes A. In the name of this state, the director may acquire, either in fee or a lesser estate or interest, real property that the director considers necessary for transportation purposes by purchase, donation, dedication, exchange, condemnation or other lawful means with monies from the state highway fund or any other […]
28-7093. Eminent domain A. This state may exercise the right of eminent domain for transportation purposes, and the court in which the action is pending shall give the action precedence over other civil actions. B. If property that is devoted to or held for some public use other than existing street, highway or airport uses […]
28-7094. Property acquisition; future needs; highway properties fund; rental revenue A. The authority provided by this article to acquire real property for transportation purposes includes authority to acquire for future needs if the board has an adopted and approved state route plan or airport site location showing a reasonable need for the property. B. The […]
28-7095. Conveyance of property not needed for transportation purposes A. The director may dispose of real property or any right, title or interest in the real property if the director determines that it is not needed or used for transportation purposes. After the establishment, laying out, substantial completion of a transportation improvement or abolishment of […]
28-7096. Appraisal reports; market analyses A. The director shall justify each acquisition or disposal under this article of real property with an estimated value of more than fifty thousand dollars by at least one appraisal report that is of sufficient scope to document and justify the economic basis for the acquisition or disposal. B. The […]
28-7097. Before condition; market value change In acquiring property for transportation purposes pursuant to this article, when determining the market value of the property to be taken and the market value of the remainder, if any, in the before condition, a decrease or increase in the market value of the real property before the date […]
28-7098. Appraisal; condemnation; initial offer A. Before filing a condemnation action to acquire property for transportation purposes pursuant to this article, the department shall obtain one or more appraisals that estimate the amount of just compensation for the proposed taking and damaging of the property. B. At least twenty days before filing an action for […]
28-7099. Property repurchase; right of first refusal A. If property is acquired for transportation purposes by agreement of the parties before the filing of a condemnation action or by stipulation before judgment in the condemnation action, the deed transferring the property shall provide the original owner or the original owner’s heirs with a right of […]
28-7100. Dismissal of condemnation action Before payment of the compensation and damages awarded the defendants by the court or jury, the director may abandon the proceedings and cause the condemnation action to be dismissed without prejudice, except that the director shall not initiate any eminent domain proceeding with respect to the same property for the […]
28-7101. Condemnation; interest Interest on a judgment in a condemnation proceeding instituted by the department, including interest that is payable pursuant to section 12-1123, subsection B, shall be calculated for each month or portion of a month that interest is owed and shall be either: 1. The prime rate charged by banks on short-term business […]
28-7102. Inverse condemnation; resolution of necessity; alternatives; limitations; action; extension A. If the board adopts a highway corridor and selects a highway alignment for the adopted corridor, within eighteen months of selection of the alignment, the board shall adopt a resolution of necessity declaring that acquisition of one or more parcels of real property is […]
28-7103. Effect of article The sections in this article do not limit the provisions of any other section, each of which is a distinct and separate authorization.
