A person owning any land, where ingress or egress to and from which is cut off or obstructed entirely from a public road or highway by the intervening land of another, or who has no outlet from the land to a public road in the state, by reason of the intervening land of another, is […]
The person or persons desiring to secure an easement or right-of-way may file their petition in the county where any of the lands affected by the proceedings lie: Making all parties owning or interested in any or interested in any way in the lands, or property to be affected by the easement or right-of-way parties […]
If pro confesso is taken against the defendants or if, upon answer filed by any of the defendants, or upon a trial upon the merits by the court, no sufficient cause is shown to the court why the easement or right-of-way should not be granted to petitioners, the court shall issue a writ of inquiry […]
The jury of view shall consist of five (5) disinterested persons having all of the qualifications of jurors in the circuit court, unless the parties agree otherwise or upon a different number, and either party may challenge for cause or peremptorily as in other civil cases.
The sheriff shall give the parties or their agent, if residents of the county where the suit is pending, three (3) days’ notice of the time and place of taking the inquest, unless the time has been fixed by order of the court.
Before proceeding to act, the jury shall be sworn by the sheriff to fairly and impartially and without fear or favor to perform their duties as jurors, and to lay off by metes and bounds lands suitable for the easement or right-of-way and to inquire of and to assess the damages.
The jury will then proceed to examine the ground and may hear testimony, but no argument of counsel, and set apart by metes and bounds a sufficient quantity of the land or property for the purposes intended, and assess the damages occasioned to the parties interested or affected by the property taken.
In estimating the damages, the jury shall give the cash value of the property taken and any incidental damages, but incidental benefits that may result to the owner by reason of the proposed easement or right-of-way being granted may be set off against incidental damages.
The report of the jury shall be made in writing and signed by a majority of the jurors, setting out the amount of damages to each defendant and the locality and extent of the easement granted, and delivered to and returned by the sheriff into the court.
The jury is authorized to locate the easement or right-of-way at a place where the easement or right-of-way will be of service to the petitioner and cause the least amount of monetary damage as practicable to the value of the intervening land.
Any party may file objections to the report; provided, that, if an objection is filed by the owner or owners of land selected by the jury of view, the objection must be served upon all parties to the action. Further, the person making the objection must prepare a plat that contains an alternative route to […]
The report may be modified by the court and the easement or right-of-way may be granted or decreed to the petitioners as the court may deem proper upon the payment to the defendant, or to the clerk of the court for the defendant’s use, of the damages assessed, with costs and, if awarded pursuant to […]
Within thirty (30) days, either party may appeal to the court from the finding of the jury of view, and demand a trial by a jury and, upon giving security for costs, may have a new trial before a jury of twelve (12) persons to be summoned and impaneled by the court in the usual […]
If the verdict of the jury upon the trial affirms the finding of the jury of view, or is more unfavorable to the appellant than the finding of the jury, the costs shall be adjudged against the appellant; otherwise, the court may award costs as in chancery cases.
Upon the hearing of the case by the court or upon the judgment being pronounced on the verdict of the jury, the court may order a writ of possession to issue to place the petitioners in possession of the easement or right-of-way awarded to them.
The easement or right-of-way shall belong to the owners of the lands benefited by the easement or right-of-way, and continue as long as the easement or right-of-way is used and maintained by them, their heirs or assigns, but upon the easement or right-of-way falling into nonuse or when the easement or right-of-way is not maintained […]
In lieu of the absolute easement or right-of-way provided for in this chapter, the court, in its discretion, may grant a mutual use easement or right-of-way to the petitioner or petitioners and the owner or owners of the servient land. Under a mutual use easement or right-of-way, the petitioner shall be required to pay the […]
Notwithstanding § 54-14-102, there is no right to have an easement or right-of-way condemned and set aside for the benefit of the land surrounded or enclosed by the lands of any other person if the court determines that the ingress or egress to and from the surrounded or enclosed land is cut off or obstructed […]
