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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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