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. (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. (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. (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 […]
70-30-305. Condemnor to make offer upon appeal — award of expenses of litigation. (1) The condemnor shall, within 30 days after an appeal is perfected from the condemnation commissioner’s award or report or not more than 60 days after the waiver of appointment of commissioners, submit to the condemnee a written final offer of judgment for […]
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. 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. (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. (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. 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. […]
70-30-311. 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. (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. 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. 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. 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.
70-30-321. 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. (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. (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 […]
