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18-1A-216
Section 18-1A-216 Payment after judgment from funds deposited with court. After the entry of
the judgment of condemnation, the defendant by motion may withdraw the amount of the condemnor's
approved offer. The motion shall specify the applicant's property for which the deposit was
made and request leave to withdraw such amount from the funds on deposit. (Acts 1985, No.
85-548, p. 802, §1207.)...
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18-1A-110
Section 18-1A-110 Motion for withdrawal of deposited funds before judgment. At any time after
payment of the award and before entry of judgment, the defendant by motion may withdraw the
amount of the condemnor's approved offer. The motion shall specify the applicant's property
for which the deposit was made and request leave to withdraw such amount from the funds on
deposit. (Acts 1985, No. 85-548, p. 802, §601.)...
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18-1A-214
money personally to the defendant, or to the legal representative of the defendant, taking
a receipt therefor and filing a copy with the court; or by depositing the amount of the award
with the probate court for the defendant. By making a deposit under this section the plaintiff
does not waive its right to review. (c) Within 30 days after a deposit of the award under
subsection (b), the court shall give written notice by first class mail to each defendant
whose address is known and for whom a disclaimer is not on file and who has not received personal
payment in full. (d) Before final distribution of the condemnation award, the tax collector
shall file a disclaimer or an itemized statement of any taxes claimed to be due which shall
be deducted from the award and paid to the tax collector before distribution to the owners,
unless the taxes claimed are disputed, in which event, all taxes disputed must be promptly
determined by the circuit court. (Acts 1985, No. 85-548, p. 802, §1205.)...
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18-1A-54
Section 18-1A-54 Proceeding or action to recover damages caused by entry; payment of damages.
(a) A condemnor is liable for physical injury to, and for substantial interference
with possession or use of, property caused by his entry and activities upon the property.
This liability may be enforced in a subsequent condemnation proceeding filed within the period
specified as a retention period in Section 18-1A-52 or, if no such proceeding is filed within
such period of time, by civil action with the right of trial by jury on demand of either party.
(b) If funds are on deposit under Section 18-1A-52 or 18-1A-53, the owner or other person
entitled to damages under subsection (a) may apply to the circuit court for payment of his
damages from such funds. If the amount on deposit is insufficient to pay the full amount,
the circuit court shall enter judgment against the condemnor for the unpaid portion. (Acts
1985, No. 85-548, p. 802, §305.)...
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27-10-53
Section 27-10-53 Defense of action or proceeding by insurer. (a) Before an unauthorized insurer
shall file, or cause to be filed, any pleading in any action or proceeding instituted against
it under Sections 27-10-51 and 27-10-52, such insurer shall: (1) Procure a certificate of
authority to transact insurance in this state; or (2) Deposit with the clerk of the court
in which such action or proceeding is pending cash or securities or file with such clerk a
bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed
by the court sufficient to secure the payment of any final judgment which may be entered in
such action. The court may, in its discretion, make an order dispensing with such deposit
or bond where the insurer makes a showing satisfactory to the court that it maintains in a
state of the United States funds or securities, in trust or otherwise, sufficient and available
to satisfy any final judgment which may be entered in such action or...
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34-27-31
appeals in connection with the judgment, file a verified claim in the court in which the judgment
was entered and, on 10 days' written notice to the commission, may apply to the court for
an order directing payment out of the Recovery Fund of the amount unpaid on the judgment.
(4) The court shall proceed on the application immediately and, on hearing, the aggrieved
person shall be required to show each of the following: a. He or she is not the spouse, child,
or parent of the debtor, or the personal representative of the spouse, child, or parent.
b. He or she has obtained a judgment, as described in subdivision (e)(3), stating the amount
of the judgment and the amount owing on the judgment at the date of the application, and,
that in the action, he or she had joined any and all bonding companies which issued corporate
surety bonds to the judgment debtor as principal and all other necessary parties. c. The following
items, if recovered by him or her, have been applied to the actual...
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28-4-287
Section 28-4-287 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending condemnation action; proceedings upon failure of defendant or claimant to deliver
said vehicle, etc., upon entry of judgment of condemnation. Whenever a conveyance, vehicle
of any kind or animal used in drawing the same is seized by an officer of the state under
the prohibition laws of this state, the defendant in the proceedings or the claimant of the
property shall have the right to execute a bond in double the value of such property or of
any item thereof, with good and sufficient surety, to be approved by the sheriff or the register
or clerk of the circuit court and conditioned, in the event the said property is condemned,
to deliver the same to the sheriff within 15 days from the date of such judgment of condemnation
and to pay any difference between the value of said property at the time of the seizure and
the time of the delivery to the sheriff after condemnation, such...
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18-1A-289
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. The
order of condemnation, upon the payment of the sum ascertained and assessed by the verdict
of the circuit court, or the bond thereof in the circuit court for the defendant, shall vest
in the applicant the property or property right proposed to be acquired for the uses and purposes
stated in the application and for no other uses or purposes. But if an appeal shall be taken
by any party, then the person, corporation or association seeking to acquire such property
or property right, upon the deposit in the circuit court for the party whose land or interest
therein is sought to be condemned of the amount of damages and compensation so assessed, together
with the costs of the proceeding, shall be entitled to enter upon the lands so condemned and
to survey, construct, and operate on the same for the uses and...
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6-10-7
Section 6-10-7 Wages, salaries, or other compensation of laborers or employees for personal
services. (a) The wages, salaries, or other compensation of laborers or employees, residents
of this state, for personal services, shall be exempt from levy under writs of garnishment
or other process for the collection of debts contracted or judgments entered in tort in an
amount equal to 75 percent of such wages, salaries, or other compensation due or to become
due to such laborers or employees, and the levy as to such percentage of their wages, salaries,
or other compensation shall be void. The court issuing the writ or levy shall show thereon
the amount of the claim of the plaintiff and the court costs in the proceedings. If at any
time during the pendency of the proceedings in the court a judgment is entered for a different
amount, then the court shall notify the garnishee of the correct amount due by the defendant
under the writ or levy. The garnishee shall retain 25 percent of the wages,...
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18-1A-213
Section 18-1A-213 Performance of work to reduce amount of award. (a) If the probate court finds
that the plaintiff and defendant have entered into a written agreement under which the plaintiff
has completed, or has undertaken to perform, described work, or if a pretrial order required
the performance of work by the plaintiff, the court may include in the judgment a determination
that the plaintiff has satisfied, or may satisfy, the judgment in whole or in part by performing
the work as described. (b) The provisions included in the judgment under subsection (a) shall
describe or incorporate the terms and conditions of the agreement or pretrial order, and to
the extent the agreement or order fails to provide therefor shall include requirements relating
to: (1) The location and nature of the work and the time for its commencement and completion;
and (2) The amount of compensation awarded which is or will be satisfied by performance of
the work by the plaintiff, rather than by payment in...
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