70-30-306. Necessary expenses of litigation defined
70-30-306. Necessary expenses of litigation defined. (1) Necessary expenses of litigation as authorized by 70-30-305 mean reasonable and necessary attorney fees, expert witness fees, exhibit costs, and court costs. (2) Reasonable and necessary attorney fees are the customary hourly rates for an attorney’s services in the county in which the trial is held. Reasonable and necessary attorney […]
70-30-307. When payment of compensation to be made — deposit of bond
70-30-307. When payment of compensation to be made — deposit of bond. In a proceeding for condemnation for a railroad, the condemnor shall within 30 days after final judgment pay the sum of money assessed but may at the time of or before the payment elect to build any required fences and cattle guards. A condemnor […]
70-30-308. How payment made — execution or annulment for nonpayment
70-30-308. How payment made — execution or annulment for nonpayment. (1) Payment may be made to the condemnee, or the money may be deposited in court for the condemnee and be distributed pursuant to the assessment or judgment. However, at the option of the condemnee, payments may be made: (a) on an annual basis, using the installment […]
70-30-309. Final order of condemnation — contents — vesting upon filing
70-30-309. Final order of condemnation — contents — vesting upon filing. (1) When payments have been made and the bond, if appropriate, has been given as required by 70-30-307 and 70-30-308, the court shall make a final order of condemnation. The order must describe the property condemned, the purposes of the condemnation, and any appropriate payment […]
70-30-310. New proceedings to cure defective title
70-30-310. New proceedings to cure defective title. If the title to property attempted to be acquired is found to be defective from any cause, the condemnor may again institute proceedings to acquire the property, as prescribed in this chapter. History: En. Sec. 592, p. 194, L. 1877; re-en. Sec. 592, 1st Div. Rev. Stat. 1879; re-en. Sec. […]
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 […]
70-30-302. Assessing compensation — date and measure — interest
70-30-302. Assessing compensation — date and measure — interest. (1) For the purpose of assessing compensation, the right to compensation is considered to have accrued at the date of the service of the summons, and the property’s current fair market value as of that date is the measure of compensation for all property to be actually […]
70-30-303. Final report and award of condemnation commissioners — procedure on failure to agree
70-30-303. Final report and award of condemnation commissioners — procedure on failure to agree. (1) The report of the condemnation commissioners must be made on forms that are provided for their use by the court. The report must be filed within 10 days after the completion of the hearing or within any additional time allowed by […]
70-30-304. Appeal to district court from assessment of condemnation commissioners
70-30-304. Appeal to district court from assessment of condemnation commissioners. (1) Any party may appeal from any assessment made by the condemnation commissioners in the court in which the report of the commissioners is filed. The appeal must be taken within 30 days after the service upon the parties of the notice of the filing of […]
70-30-109. Temporary logging roads and banking grounds
70-30-109. Temporary logging roads and banking grounds. (1) In the event that a temporary road used for logging purposes or land used for banking grounds is taken, the taking includes only the temporary right to use the road or land. The order of condemnation for the road or land must fix the length of time and […]