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35-8A-107
Section 35-8A-107 Eminent domain. (a) If a unit is acquired by eminent domain, or if
part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may
not practically or lawfully be used for any purpose permitted by the declaration, the award
must compensate the unit owner for the unit and its interest in the common elements, whether
or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides,
that unit's allocated interests are automatically reallocated to the remaining units in proportion
to the respective allocated interests of those units before the taking, and the association
shall promptly prepare, execute, and record an amendment to the declaration reflecting the
reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection
is thereafter a common element. (b) Except as provided in subsection (a), if part of a unit
is acquired by eminent domain, the award must compensate the unit...
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40-7-25.1
Section 40-7-25.1 Current use value of Class III property - Definition; appraisal of
property at request of owner; legislative intent; applicability of section; method
of valuation; factors considered in appraisal; rules and regulations of Department of Revenue;
hearing objections. (a) For ad valorem tax years beginning on and after October 1, 1978, with
respect to taxable property defined in Section 40-8-1, as amended, as Class III property
and upon request by the owner of such property as hereinafter provided, the assessor shall
base his appraisal of the value of such property on its current use on October 1 in any taxable
year and not on its fair and reasonable market value. Failure of an owner of Class III property
to request appraisal at current use value shall mean that the property shall be valued on
its fair and reasonable market value as otherwise provided in this title until such time as
the owner thereof shall request valuation on the basis of current use value. As used in...
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42-2-11
Section 42-2-11 When damages to be paid; failure to pay damages. The applicant may pay
the damages and compensation assessed at any time within six months after the assessment thereof
or, in case an appeal is taken, within six months after the appeal is determined. If the applicant
fails to pay the same within such time, such assessment shall cease to be binding on the owner
of the lands, and the rights of the United States thereunder shall be terminated. (Code 1907,
§2425; Code 1923, §3159; Code 1940, T. 59, §15.)...
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45-37A-51.09
Section 45-37A-51.09 Compensation limits; forfeitures; required minimum. (a) Compensation
in excess of one hundred sixty thousand dollars ($160,000), or such other amount provided
in the Internal Revenue Code of 1986, as amended, shall be disregarded. Such amount shall
be adjusted for increases in the cost-of-living in accordance with Section 401(a)(17)(B),
except that the dollar increase in effect on January 1 of any calendar year shall be effective
for the fiscal years beginning with or within such calendar year. If compensation for any
prior determination period is taken into account in determining a participant member's benefits
for the current fiscal year, the compensation for such prior determination period is subject
to the applicable annual compensation limit in effect for that prior period. (b) Notwithstanding
the foregoing and to the extent applicable to governmental plans as such are defined in Section
414(d) of the Internal Revenue Code of 1986, as amended, in no event may...
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9-9-29
Section 9-9-29 Filing of exceptions to report; hearing upon exceptions and report; approval
and confirmation of report; dismissal of proceedings and dissolution of district; transmittance
of copies of court decree and report of viewers; filing fee. On or before the day set for
the hearing of the final report of the board of viewers, the water management district or
any owner of land or other property in said district or any person having an interest in any
lands or other property within said district may file exceptions to said report or to any
assessment for either benefits or damages. All exceptions shall be heard by the court and
determined in a summary manner so as to carry out liberally the purposes and needs of the
district. If it appears to the satisfaction of the court, after having heard and determined
all of said exceptions, that the estimated cost of constructing the improvements contemplated
in the plan of water management or, in the case of a Public Law 566 watershed...
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18-1A-27
Section 18-1A-27 Offer to acquire uneconomic remnant. (a) If the acquisition of only
part of a property would leave its owner with an uneconomic remnant, the condemnor shall offer
to acquire the remnant concurrently and may acquire it by purchase or by condemnation if the
owner consents. (b) "Uneconomic remnant" as used in this section means a
remainder following a partial taking of property, of such size, shape, or condition as to
be of little value or that gives rise to a substantial risk that the condemnor will be required
to pay in compensation for the part taken an amount substantially equivalent to the amount
that would be required to be paid if it and the remainder were taken as a whole. (Acts 1985,
No. 85-548, p. 802, §208.)...
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18-1A-275
Section 18-1A-275 Guardian ad litem for infants or incompetents. If the owner of the
lands or other party interested therein is an infant or is of unsound mind, the probate court,
on the day appointed for the hearing, must appoint a guardian ad litem to represent him, and
the guardian so appointed must file a written acceptance of the appointment, must appear and
protect the rights and interests of such infant or person of unsound mind, and, if he deems
it necessary, may employ counsel to assist him. The compensation of such guardian and of his
counsel must be ascertained by the probate court and taxed as costs of the proceedings. (Acts
1985, No. 85-548, p. 802, §1606.)...
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42-2-10
Section 42-2-10 Order of condemnation vests title; right of entry on land pending appeal.
The order of condemnation, upon the payment of the sum ascertained and assessed by the verdict
of the jury, or the deposit thereof in the court for the defendant, shall vest in the United
States the title in fee simple to the lands to be acquired for the uses and purposes stated
in the application. But if an appeal shall be taken by either party, then the United States
or its agents, upon the deposit in the court for the party whose land is sought to be condemned
of the amount of damages and compensation so assessed, together with the cost of the proceeding,
and giving a bond in double the amount of damages assessed, shall be entitled to enter upon
the land so condemned and survey, construct and operate on the same for the uses, and purposes
stated in the application, but such easement shall not vest absolutely in the United States
until the final determination of the cause and payment or deposit...
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11-99A-11
Section 11-99A-11 Assessment of district land. For the payment of all or any part of
the costs of improvements and the costs referenced in Sections 11-99A-2(6)(v) and (w) and
11-99A-15(c), a district may petition the appointing government for the assessment of all
or any part of that land within the district which is specifically benefited or increased
in value by such improvements in accordance with the following procedure: (1) The board shall
prepare plans for the acquisition, construction, or installation of the improvements. The
plans shall include: a. A reasonable description of the nature and location of the improvements.
b. An estimate of the costs of the improvements, which may include the costs referenced in
Section 11-99A-2(6)(v) and (w) and Section 11-99A-15(c). c. A description or
designation of the land upon which the assessment shall be levied, which may be made in a
manner provided in Section 11-99A-4(a)(2). d. The manner in which, or the methodology
by which, the...
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37-4-62
Section 37-4-62 Forced sales - Application to commission; notice and hearing; order.
If acquisition of the property sought to be acquired by the agency is not consummated under
the provisions of Sections 37-4-60 and 37-4-61, the agency, before proceeding to engage in
the proposed business, shall take such steps as may be provided in this division. If the agency
and the owner fail within 60 days after written notice to the owner of the utility as provided
in this division to consummate the proposed acquisition, either the agency or the owner may
apply to the commission within 15 days after the expiration of such 60 days for a determination
as to what property ought in the public interest to be included in the purchase and what price
ought to be paid, having in view the cost of the property less a reasonable allowance for
depreciation and obsolescence, and any other element which may enter into a determination
of the fair value of the property to be purchased; but such price shall be...
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