§ 22-2-40. Selection of Assessors Generally; Authority
The condemnor and the condemnee shall each select an assessor, and the two assessors so selected shall select a third assessor. No person shall be selected as an assessor unless such person is a real estate appraiser who has an appraiser classification of certified general appraiser granted under Chapter 39A of Title 43, the “Real […]
§ 22-1-10. Duties of Condemnor Prior to Exercise of Eminent Domain; Rights of Condemnee; Exceptions
Prior to exercising the power of eminent domain, a governmental condemnor shall: Not less than 15 days before any meeting at which a resolution approving the exercise of eminent domain is to be considered, post a sign, if possible, in the right of way adjacent to each property that is subject to the proposed use […]
§ 22-2-41. Selection of Assessor by Judge of the Probate Court; Selection of Assessor; Rights of Owners in Selecting Assessor
If any party to the condemnation notifies the judge of the probate court of the county where the property or interest is located that the owner of the property has failed to select an assessor, or that the owners or their representatives have failed to agree on an assessor, or that the owner is unknown, […]
§ 22-1-10.1. Time for Bringing Condemnation Action; Exceptions
Except as provided in subsections (b) and (c) of this Code section, no action for condemnation may be brought in any court of this state until at least 30 days after the date of the resolution or documented approval described in Code Section 22-1-10. If an emergency condition exists requiring the acquisition of property for […]
§ 22-2-42. Failure of Parties’ Nominees to Select Third Assessor
If the two assessors selected by the condemnor and the condemnee do not agree upon a third assessor within five days after the selection of the second assessor, the judge of the superior court of the county where the property or interest is situated shall, upon application of either party, of which the other shall […]
§ 22-1-11. Determination of Authority to Exercise Public Domain
Before the vesting of title in the condemnor and upon motion of the condemnee, or within ten days of the entry of the special master’s award by entry of exception to the case, the court shall determine whether the exercise of the power of eminent domain is for a public use and whether the condemning […]
§ 22-1-12. Reimbursement to Property Owner of Reasonable Costs and Expenses Associated With Condemnation Proceedings
In all actions where a condemning authority exercises the power of eminent domain, the court having jurisdiction of a proceeding instituted by a condemnor to acquire real property by condemnation shall award the owner of any right or title to or interest in such real property such sum as will in the opinion of the […]
§ 22-1-13. Compensation to Condemnee for Relocation Damages and Expenses
In addition to the types of relocation damages permissible under law, any condemnee that is displaced as a result of the condemnation shall be entitled to: Actual reasonable expenses in moving himself or herself, his or her family, business, farm operation, or other personal property within a reasonable distance from the property condemned; Actual direct […]
§ 22-1-14. Valuation of Condemned Property
When property is condemned under this title or any other title of this Code, the value of the condemned property may be determined through lay or expert testimony and its admissibility shall be addressed to the sound discretion of the court. If any party to a condemnation proceeding seeks to introduce expert testimony as to […]
§ 22-1-15. Process for Condemnor to Condemn Property for Public Use; Requirements; Service
As used in this Code section, the term: “Condemnor” means a county, municipality, or consolidated government of this state. “Economic development” means any economic activity to increase tax revenue, tax base, or employment or improve general economic health, when the activity does not result in: Transfer of land to public ownership; Transfer of property to […]