Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Article 1 General Provisions and Definitions.

Section 18-1A-1 Short title.

Section 18-1A-2 Scope of chapter.

Section 18-1A-3 Definitions.

Section 18-1A-4 Compromise or settlement between parties.

Section 18-1A-5 Compliance with requirements for federal financial assistance.

Article 2 Policies Governing Land Acquisition.

Section 18-1A-20 Application of article.

Section 18-1A-21 Appraisal.

Section 18-1A-22 Offer to purchase at full appraised value; changes in fair market value caused by project or likelihood of acquiring property therefor to be disregarded; reduction in compensation based on benefits which may accrue from use of acquired property; written statement of basis for amount of compensation.

Section 18-1A-23 Payment or deposit before surrender of possession.

Section 18-1A-24 Notice to terminate occupancy.

Section 18-1A-25 Rental to former owner or tenant after property acquired.

Section 18-1A-26 Coercive action forbidden.

Section 18-1A-27 Offer to acquire uneconomic remnant.

Section 18-1A-28 Acquisition of improvements to be removed or adversely affected.

Section 18-1A-29 Compensation for tenant-owned improvements.

Section 18-1A-30 Expenses incidental to transfer of title; interest on award.

Section 18-1A-31 Waiver of failure to comply with Sections 18-1A-20 through 18-1A-30.

Section 18-1A-32 Condemnation action required; inverse condemnation.

Section 18-1A-33 Noncompliance with article does not affect validity of condemnor's interest; construction of article with federal law as to financial assistance.

Article 3 Proceedings Before Action.

Section 18-1A-50 Entry upon property for suitability studies.

Section 18-1A-51 Court order permitting entry.

Section 18-1A-52 Bond for damages caused by entry.

Section 18-1A-53 Modification of court order permitting entry.

Section 18-1A-54 Proceeding or action to recover damages caused by entry; payment of damages.

Section 18-1A-55 Offer to purchase as prerequisite to condemnation action.

Article 4 Commencement of Action by Condemnor.

Section 18-1A-70 Procedure generally.

Section 18-1A-71 Commencement of condemnation action; venue.

Section 18-1A-72 Contents of complaint; property already subject to public use; easement to cross line of another railroad; map or diagram to accompany complaint.

Section 18-1A-73 Joinder of lands in same county in same complaint; separate hearing for each owner.

Section 18-1A-74 Service of process.

Section 18-1A-75 Recording notice of pending action; amendment of complaint after notice filed; notice of dismissal.

Article 5 Defendant's Response.

Section 18-1A-90 When answer required; disclaimer where no interest claimed.

Section 18-1A-91 Contents of answer; preliminary objections.

Section 18-1A-92 Disclaimer.

Section 18-1A-93 Hearing on preliminary objections.

Section 18-1A-94 Burden of proof at hearing on preliminary objections.

Section 18-1A-95 Disposition of preliminary objections; award of litigation expenses to defendant.

Article 6 Deposit and Possession Prior to Judgment.

Section 18-1A-110 Motion for withdrawal of deposited funds before judgment.

Section 18-1A-111 Investment of deposit; allocation of interest.

Article 7 Proceedings Before Trial.

Section 18-1A-130 Discovery and pretrial conferences.

Section 18-1A-131 Admissibility of evidence; permissible basis for witness' opinion.

Article 9 Procedure for Determining Just Compensation.

Section 18-1A-150 Setting for trial; separate trial of nonjury issues.

Section 18-1A-151 Demand for trial by jury; waiver; procedure for jury selection, etc.

Section 18-1A-152 Order of arguments and presentation of evidence.

Section 18-1A-153 Burden of proof.

Section 18-1A-154 Separation of issues of compensation and apportionment.

Article 10 Compensation.

Section 18-1A-170 Compensation standards; valuation in case of partial taking.

Section 18-1A-171 Reduction of compensation award because of incidental benefits from taking.

Section 18-1A-172 Fair market value defined.

Section 18-1A-173 Effect of condemnation action on value; valuation of second taking; decrease in value due to owner's neglect.

Section 18-1A-174 Highest and best use, a jury issue.

Article 11 Evidence in Condemnation Actions.

Section 18-1A-190 Scope of article.

Section 18-1A-191 View of the property taken.

Section 18-1A-192 Opinion evidence as to value.

Section 18-1A-193 Evidence supporting opinion as to value.

Section 18-1A-194 Evidence supporting opinion as to remainder value in partial taking.

Section 18-1A-195 Opinion of owner as to value.

Section 18-1A-196 Basis for opinion as to value.

Section 18-1A-197 Factors upon which opinion as to value may not be based.

Article 12 Judgment and Postjudgment Procedure.

Section 18-1A-210 Contents of judgment.

Section 18-1A-211 Interest on compensation awarded.

Section 18-1A-212 Crediting amounts paid or withdrawn from deposited funds.

Section 18-1A-213 Performance of work to reduce amount of award.

Section 18-1A-214 Payment of judgment by plaintiff; deduction of taxes from award.

Section 18-1A-215 Effect of failure to pay judgment.

Section 18-1A-216 Payment after judgment from funds deposited with court.

Article 13 Dismissal and Abandonment.

Section 18-1A-230 Involuntary dismissal.

Section 18-1A-231 Voluntary dismissal.

Section 18-1A-232 Award of litigation expenses.

Section 18-1A-233 Restitution of property and damages.

Article 15 Arbitration of Compensation.

Section 18-1A-250 Arbitration of compensation authorized; noncompliance with Articles 2 and 3.

Section 18-1A-251 Enforceability of agreement.

Section 18-1A-252 When agreement may be made; effect on right to commence condemnation action.

Section 18-1A-253 Effect of pending condemnation action.

Section 18-1A-254 Absence of concurrent condemnation action.

Section 18-1A-255 Arbitration procedure.

Section 18-1A-256 Abandonment of acquisition.

Section 18-1A-257 Recordation of agreement.

Article 16 Miscellaneous.

Section 18-1A-270 Application to probate court for order of condemnation; bond or security and affidavit not required of state or counties; authority from Governor to bring suit.

Section 18-1A-271 Acquisition of lands, etc., for state prison system.

Section 18-1A-272 Acquisition of easements for connecting lines by foreign telegraph or telephone companies.

Section 18-1A-274 Acquisition of lands, etc., for viaducts and subways by railroad companies, etc., within municipalities.

Section 18-1A-273 Acquisition of easements for crossings by railroads, etc.

Section 18-1A-275 Guardian ad litem for infants or incompetents.

Section 18-1A-276 Hearing; order granting or refusing complaint.

Section 18-1A-277 Hearing to be conducted as in civil cases.

Section 18-1A-278 Who may appear at proceedings and trials.

Section 18-1A-279 Commissioners - Appointment; qualifications; certificate; vacancies.

Section 18-1A-280 Commissioners - Service of notice of appointment.

Section 18-1A-281 Commissioners - Assessment of damages and compensation; view; hearing.

Section 18-1A-282 Commissioners to report assessment; issuance of order of condemnation upon deposit in court or payment of damages, etc., assessed; notice of order.

Section 18-1A-283 Appeal from order of condemnation.

Section 18-1A-284 Judgment not suspended by appeal if damages paid into probate court and bond given.

Section 18-1A-285 Separate bonds required in case of joint appeals.

Section 18-1A-286 Appeal to circuit court upon denial of application by probate court.

Section 18-1A-287 Order of condemnation on appeal.

Section 18-1A-288 Appeal from final judgment of circuit court.

Section 18-1A-289 Effect of order of condemnation; right of entry, etc., pending appeal upon deposit of damages, compensation, and costs; effect of appeal upon condemnation order.

Section 18-1A-290 Time for payment of damages and compensation; effect of failure to pay damages.

Section 18-1A-291 Distribution of award - Filing of claims by owners or parties; determination of claims by probate court.

Section 18-1A-292 Distribution of award - Proceedings when claims not filed and court doubtful as to proper distribution; assertion of adverse claim or title involving determination of title to land.

Section 18-1A-293 Costs.

Section 18-1A-294 Probate court deemed open at all times.

Section 18-1A-295 Use of condemnation proceedings by institutions of higher learning.

Article 17 Effective Date and Repealer.

Section 18-1A-310 Inconsistent provisions in other laws superseded.

Section 18-1A-311 Application.