§ 32-3-12. Orders of Court for Payment of Award in Condemnation Proceedings, for Surrender of Property, and as to Other Charges
Upon the application of the parties in interest, and not earlier than 15 days subsequent to the date of the last advertisement in the official newspaper of the county as provided for in subsection (f) of Code Section 32-3-8, the court shall order that the money deposited in the court, or any part thereof applied […]
§ 32-3-13. Self-Executing Nature of Declaration of Taking; Court Costs; Entry of Judgment; Transfer of Case to Closed Docket; Effect of Code Section on Condemnor’s Title
No judgment of any court and no order or ruling of the judge thereof shall be necessary to give effect to the declaration of taking provided for in Code Section 32-3-6; but the same shall be self-executing, subject, however, to the power of the court as provided for in Code Section 32-3-11. If no appeal […]
§ 32-3-14. [Effective Until July 1, 2023. See note.] Filing Notice of Appeal
If the owner, or any of the owners, or any person having a claim against or interest in the property is dissatisfied with the amount of compensation as estimated in the declaration of taking and deposited in court, as provided for in Code Section 32-3-7, such person or persons, or any of them, shall have […]
§ 32-3-14. [Effective July 1, 2023. See note.] Filing Notice of Appeal
If the owner, or any of the owners, or any person having a claim against or interest in the property is dissatisfied with the amount of compensation as estimated in the declaration of taking and deposited in court, as provided for in Code Section 32-3-7, such person or persons, or any of them, shall have […]
§ 32-3-15. Interlocutory Hearing on Amount of Compensation
An appeal having been filed as provided in Code Section 32-3-14, the appellant or appellants, at any time before the beginning of the trial of the issue formed on such appeal, but not later than 90 days after the date of service as provided in Code Sections 32-3-8 and 32-3-9, may file in the case […]
§ 32-3-16. [Effective Until July 1, 2023. See note.] Appeal to Jury; Evidence to Be Heard on Appeal; Subsequent Review of Issues Not Brought Before Jury
After the notice of appeal has been filed as provided in Code Section 32-3-14, it shall be the duty of the court at the next term thereof, which shall convene not earlier than 30 days subsequent to the date of service, as provided for in Code Sections 32-3-8 and 32-3-9, to cause an issue to […]
§ 32-3-16. [Effective July 1, 2023. See note.] Appeal to Jury; Evidence to Be Heard on Appeal; Subsequent Review of Issues Not Brought Before Jury
After the petition for review has been filed as provided in Code Section 32-3-14, it shall be the duty of the court at the next term thereof, which shall convene not earlier than 30 days subsequent to the date of service, as provided for in Code Sections 32-3-8 and 32-3-9, to cause an issue to […]
§ 32-3-17. Right to Intervene in Proceedings; Effect of Subsequent Proceedings on Rights of Condemnor
No provision of this article in reference to any rule or order, or time for responding thereto, shall be held or construed to exclude any person by way of default from making known his rights or claims in the property or interests or in the fund arising therefrom. Any such person claiming an interest or […]
§ 32-3-17.1. [Effective Until July 1, 2023. See note.] Decisions Upon Questions of Law; Power of Judge to Give Necessary Orders and Directions; Jury Trial in Open Court Only
All questions of law arising upon the pleadings or in any other way arising from the cause, subsequent to the filing of the declaration of taking and the deposit of the fund, and subsequent to the filing of notice of appeal, if any, shall be passed on by the presiding judge who may, from time […]
§ 32-3-6. Declaration of Taking; Order of Condemnation by Condemning Authority
In addition to the petition filed pursuant to Code Section 32-3-4, the petitioner shall also file with the court a declaration of taking signed by: The commissioner or the deputy commissioner of the Department of Transportation if the petitioner is seeking to acquire property or interests on behalf of the department; The county governing authority […]