70-30-321. Sale of property acquired for public use when use abandoned — procedure
70-30-321. Sale of property acquired for public use when use abandoned — procedure. (1) Except as provided in subsection (3), whenever a person who has acquired a real property interest for a public use, whether by right of eminent domain or otherwise, abandons the public use and places the property interest for sale, the seller may […]
70-30-322. Option of original owner or successor in interest to purchase at sale price
70-30-322. Option of original owner or successor in interest to purchase at sale price. (1) Except as provided in subsection (3), the owner from whom the real property interest was originally acquired by eminent domain or otherwise or the owner’s successor in interest, if there is a successor in interest, must be notified by the seller […]
70-30-323. Liability limitation — several liability — defense costs
70-30-323. Liability limitation — several liability — defense costs. (1) Subject to subsection (2), a condemnee or a condemnee’s successor in interest is not liable for damages that result from the construction, use, or maintenance of a project on property in which the condemnee or the condemnee’s successor in interest has an interest unless the negligence […]
70-30-311. Putting condemnor in possession
70-30-311. Putting condemnor in possession. (1) At any time after the filing of the preliminary condemnation order pursuant to 70-30-206 or an order as provided in 60-4-104(4) and (5) and while it retains jurisdiction, the court upon application of the condemnor may make an order that: (a) upon payment into court of the amount of compensation […]
70-30-312. Appeal to supreme court
70-30-312. Appeal to supreme court. (1) Any party interested in the proceedings can appeal to the supreme court from any finding or judgment made or rendered under this chapter, as in other cases. (2) An appeal does not stay any further proceedings under this chapter, except that the district court on motion or ex parte may grant […]
70-30-313. Current fair market value
70-30-313. Current fair market value. Current fair market value is the price that would be agreed to by a willing and informed seller and buyer, taking into consideration, but not limited to, the following factors: (1) the highest and best reasonably available use and its value for such use, provided current use may not be presumed to […]
70-30-314. Weed control responsibility
70-30-314. Weed control responsibility. The condemnor, upon taking possession of the land, is responsible for the control and destruction of noxious weeds on the land until natural grasses have taken over the property and noxious weeds have ceased to exist. History: En. Sec. 5, Ch. 531, L. 1981; amd. Sec. 78, Ch. 125, L. 2001.
70-30-315. Proration of taxes
70-30-315. Proration of taxes. The condemnor must be assessed the condemnor’s pro rata share of taxes for the land being taken as of the date of possession or summons, whichever occurs first. The condemnor must be assessed for all taxes accruing after the date of possession or summons, whichever occurs first. History: En. Sec. 6, Ch. 531, […]
70-30-316. through 70-30-320 reserved
70-30-316 through 70-30-320 reserved.
70-30-301. Hearing — judge to preside — determinations by condemnation commissioners
70-30-301. Hearing — judge to preside — determinations by condemnation commissioners. (1) The condemnation commissioners shall meet at the time and place stated in the order appointing them. The meeting time may not be more than 10 days after the order of appointment. The commissioners shall examine the lands sought to be taken. At a time […]