12-1141. Definitions In this article, unless the context otherwise requires: 1. " Authorized corporation" means a corporation or association engaged or about to engage in a public works project, as defined in this article, for a public use, but the construction of the public works project and its conduct thereafter by the corporation or association […]
12-1142. Agencies qualified to institute proceedings; jurisdiction of court; right of plaintiff to enter upon land A. A federal agency, state public body or authorized corporation may institute condemnation proceedings under this article for acquisition of real property necessary for a public works project. The proceedings may be instituted in the superior court in a […]
12-1143. Complaint A proceeding under this article may be instituted by filing a complaint which shall be sufficient if it sets forth: 1. The name of plaintiff. 2. A description of the property, sufficient for identification thereof, to which there may be attached a plat or map thereof. 3. A statement that the acquisition of […]
12-1144. Inclusion of separate parcels in single action Any number of parcels of land, whether owned by the same or different persons and whether contiguous or not, may be included and condemned in one action, if the parcels are to be used for a single public works project.
12-1145. Notice of proceedings; effect of filing notice A. Notice of the action shall be given by one publication in a newspaper having a general circulation in each county in which any part of the property sought to be condemned is located. The notice shall be published at least twenty and not more than thirty […]
12-1146. Waiver of certain rights by persons in interest; determination of issues; judgment on issues; appointment of guardian ad litem A. All persons who have not filed written objections with the court prior to the time of the hearing specified in the notice prescribed by section 12-1145, shall be deemed to have waived the right […]
12-1147. Special master; duties; qualifications; compensation; oath; limitation upon powers A. The court, at the time of the hearing, shall appoint a special master to fix the amount of damages and compensation for the taking and condemnation of the property described in the complaint, to determine the persons entitled thereto and to report such facts […]
12-1148. Notice of hearing by special master A. Immediately after being appointed and taking the oath, the special master shall send notice by registered mail to all persons who have appeared in the action, or to their attorneys of record, and to all others having any interest in or lien upon the real property sought […]
12-1149. Hearing by special master A. After notice by mailing and posting has been given as provided by section 12-1148, the special master, on the date for hearing specified in the notice, shall proceed immediately to hear and determine the question of just compensation for the taking and condemnation of the property and the persons […]
12-1150. Admissibility of certain evidence before special master; effect of increased property value upon award A. For the purpose of determining the value of the real property sought to be condemned and fixing just compensation therefor, the following evidence, in addition to other evidence which is relevant, material and competent, shall be admitted and considered […]
12-1151. Limitation on time for filing report of special master The report of the special master shall be filed with the clerk of the court in which the action is pending within thirty days after the date of the master taking the oath, unless further time is granted by the court. The court shall grant […]
12-1152. Notice of filing report and of hearing objections to report; waiver of right to object Upon filing the report by the special master, the court, without delay, shall fix a date for hearing objections filed thereto. Notice that the report has been filed, that all objections thereto shall be filed with the court within […]
12-1153. Final judgment; hearing objections to findings or report; proceedings upon rejection of report; vesting of property A. If no objections are filed to the special master’s report, the court, but only on motion of plaintiff unless title to the property has vested in plaintiff, shall enter a final judgment fixing the compensation to be […]
12-1154. Filing certified copy of judgment A. Upon rendition of final judgment vesting title in plaintiff, the clerk of the court shall make and certify, under the seal of the court a copy or copies of the judgment, which shall be recorded in the office of the county recorder, and the recording shall constitute notice […]
12-1155. Application by plaintiff to take possession; notice of hearing; money deposit; bond in lieu of deposit; judgment for deficiency A. The plaintiff may at any time after determination of the issues as provided in section 12-1146, if the court at such time found that the use for which the property is sought to be […]
12-1156. Right to dismiss At any time prior to vesting title to the property in the plaintiff, the plaintiff may withdraw or dismiss the plaintiff’s complaint with respect to any or all the property described in the complaint, except that if the plaintiff causes the complaint to be dismissed without prejudice before payment of the […]
12-1157. Effect of vesting of title Upon vesting of title to any property in plaintiff, all the right, title and interest of all persons having an interest therein or lien thereupon shall be divested immediately, and such persons thereafter shall be entitled only to receive compensation for the property.
12-1158. Effect of payment into court; security; disbursement A. The payment into court by plaintiff of the amount of the judgment, or the deposit in court of the amount fixed and determined as provided in section 12-1155, shall be deemed a payment or deposit of money for the use of the persons entitled thereto. The […]
12-1159. Action to recover award paid to wrong person If an award is paid to a person not entitled thereto, the sole recourse of the person entitled to the award is against the person to whom it has been paid. In such event the person entitled to the award may bring an action to recover […]
12-1160. Appeal; stay of proceedings; bond A. Any time within thirty days from filing an interlocutory or final order or judgment by the court, any person or persons of record in the action who have filed exceptions at any stage of the action within the time and in the manner specified, may appeal therefrom, but […]
