§ 44-9-41. Contents of Petition; Manner of Service and Advertisement; Fees
The petition shall describe the easement of private way sought to be condemned over the lands of another and shall state the distance and direction of the private way and the nature of any improvements through which the private way will go. There shall be attached to the petition or incorporated therein a plat showing […]
§ 44-9-42. Selection of Assessors
The petition for condemnation shall name an assessor to act on behalf of the person or corporation seeking to condemn the easement of private way; and the selection of a board of assessors shall be in the way and manner provided for by Part 3 of Article 1 of Chapter 2 of Title 22. History. […]
§ 44-9-43. Show Cause Order; Selection of Assessors; Hearing Before Assessors
Upon the filing of the petition for condemnation, the judge of the superior court, after taking into consideration the requirements of service provided for in Code Section 44-9-41, shall make and enter up an order requiring the owner or owners of the property to show cause before him on a day certain as to why […]
§ 44-9-44. Appeals From Award of Assessors; Jury Trial
Either party shall have the right to appeal from the award of the board of assessors to a jury in the superior court; and such appeals shall be made in accordance with and shall be controlled by Part 5 of Article 1 of Chapter 2 of Title 22. History. Code 1933, § 83-105, enacted by […]
§ 44-9-1. Methods of Acquiring Private Ways
The right of private way over another’s land may arise from an express grant, from prescription by seven years’ uninterrupted use through improved lands or by 20 years’ use through wild lands, by implication of law when the right is necessary to the enjoyment of lands granted by the same owner, or by compulsory purchase […]
§ 44-9-45. Maintenance of Private Way by Condemnor; Failure to Maintain as Abandonment
Upon the final condemnation of the private way, it shall become the duty of the condemnor or his successors in title to maintain the private way and to keep it open and in a state of good repair. Failure to comply with this requirement for a period of one year shall constitute an abandonment of […]
§ 44-9-2. Acquisition of Easement of Light and Air
A right to an easement of light and air passing over another’s land through existing lights or windows may not be acquired by prescription; but, when a person sells a house and the light necessary for the reasonable enjoyment thereof is derived from and across adjoining land belonging to such person, the easement of light […]
§ 44-9-46. Determination of Amount of Compensation and Other Issues by Jury; Payment and Disposition of Damages
The amount of compensation to be assessed against the condemnor for the private way desired shall be determined by a verdict of the jury; and the case shall stand for trial at the first term after service is perfected or at any subsequent term at which the case may be reached for trial. If an […]
§ 44-9-3. Right of Lateral Support From Adjoining Land; Right to Make Excavations Up to Boundary Line; Notice to Adjoining Landowner; Standard of Care
Owners of adjoining lands owe to each other the lateral support of the soil of each to that of the other in its natural state. If they derive title from a common grantor, the lateral support shall include the weight of walls and other burdens that may be on it. If, at the time of […]
§ 44-9-47. Motions and Proceedings Subsequent to Judgment; Payment of Compensation; Nonpayment as Abandonment; Effect of Abandonment on Subsequent Application
With respect to the judgment of the court in such case, any party may have all remedies provided by law, including a motion for a new trial, a motion for an appeal, a motion for judgment on the pleadings, or a motion for judgment notwithstanding the verdict. Before the judgment becomes final and after the […]