18-1A-32
Section 18-1A-32 Condemnation action required; inverse condemnation. (a) If property is to
be acquired by a condemnor through the exercise of its power of eminent domain, the condemnor
shall commence a condemnation action for that purpose. A condemnor shall not intentionally
make it necessary for an owner of property to commence an action, including an action in inverse
condemnation, to prove the fact of the taking of his property. (b) The judgment and any settlement
in an inverse condemnation action awarding or allowing compensation to the plaintiff for the
taking or damaging of property by a condemnor shall include the plaintiff's litigation expenses.
(Acts 1985, No. 85-548, p. 802, §213.)...
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18-1A-26
Section 18-1A-26 Coercive action forbidden. In order to compel an agreement on the price to
be paid for the property, a condemnor may not arbitrarily advance the time of condemnation,
arbitrarily defer negotiations or condemnation, nor take any other action coercive in nature.
(Acts 1985, No. 85-548, p. 802, §207.)...
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18-1A-30
Section 18-1A-30 Expenses incidental to transfer of title; interest on award. (a) As soon as
practicable after payment of the purchase price, or payment of, or deposit in probate court,
of funds to satisfy the award in a condemnation action, whichever is earlier, the condemnor
shall pay, or reimburse the owner for, any reasonable and necessarily incurred expenses for:
(1) Recording fees, transfer taxes, and similar expenses incidental to conveying the property
to the condemnor; (2) Penalty costs for prepayment of any debt secured by a preexisting lien,
entered into or created in good faith, encumbering the property; and (3) The prorated portion
of property taxes allocable to a period after the date of vesting of title in, or the effective
date of possession of the property by the condemnor, whichever is earlier. (b) In the event
of an appeal to the circuit court, the condemnor shall pay the owner interest upon any part
of the award deposited in probate court and not made available to...
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35-9A-405
Section 35-9A-405 Counterclaims for action for possession or rent. (a) In an action for possession
or in an action for rent when the tenant is in possession, the tenant may counterclaim for
any amount the tenant may recover under the rental agreement or this chapter. It is in the
court's discretion whether the tenant is to remain in possession. The tenant shall pay into
court rent accrued and thereafter accruing as it comes due. The court shall determine the
amount due to each party. The party to whom a net amount is owed shall be paid first from
the money paid into court, and the balance by the other party. If no rent remains due after
application of this section, judgment shall be entered for the tenant in the action for possession.
If the defense or counterclaim by the tenant is without merit and is not raised in good faith,
the landlord may recover reasonable attorney's fees. (b) In an action for rent when the tenant
is not in possession, the tenant may counterclaim as provided in...
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45-2-22.11
Section 45-2-22.11 Remedies. (a) If a supplier engages in conduct prohibited under this part,
a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates any provision of this part shall be liable for all actual damages and all court
costs and, in the court's discretion, reasonable attorney fees incurred by a wholesaler as
a result of that violation. A wholesaler that violates any provision of this part shall be
liable for all actual damages and all court costs and, in the court's discretion, reasonable
attorney fees incurred by the supplier as a result of that violation. (c)...
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45-37-21.12
Section 45-37-21.12 Violations. (a) If a supplier engages in conduct prohibited under this
part, a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates this part shall be liable for all actual damages and all court costs and, in
the discretion of the court, reasonable attorney fees incurred by a wholesaler as a result
of that violation. A wholesaler that violates this part shall be liable for all actual damages
and all court costs and, in the discretion of the court, reasonable attorney fees incurred
by the supplier as a result of that violation. (c) This part imposes upon a...
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45-49-23.10
Section 45-49-23.10 Remedies. (a) If a supplier engages in conduct prohibited under this part,
a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates this part shall be liable for all actual damages and all court costs and, in
the court's discretion, reasonable attorney fees incurred by a wholesaler as a result of that
violation. A wholesaler that violates this part shall be liable for all actual damages and
all court costs and, in the court's discretion, reasonable attorney fees incurred by the supplier
as a result of that violation. (c) This part imposes upon a supplier...
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28-9-11
Section 28-9-11 Liabilities and duties of supplier; action for damages; declaratory judgment
and injunctive relief; remedies. (a) If a supplier engages in conduct prohibited under this
chapter, a wholesaler with which the supplier has an agreement may maintain a civil action
against the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this chapter, a supplier with
which the wholesaler has an agreement may maintain a civil action against the wholesaler to
recover actual damages reasonably incurred as the result of the prohibited conduct. (b) A
supplier that violates any provision of this chapter shall be liable for all actual damages
and all court costs and, in the court's discretion, reasonable attorney fees incurred by a
wholesaler as a result of that violation. A wholesaler that violates any provision of this
chapter shall be liable for all actual damages and all court costs and, in the...
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41-6-72
Section 41-6-72 Property on loan to department. (a) Property on loan to the department, subject
to a loan agreement, shall be deemed to be donated to the department if no claim is made or
action filed to recover the property after termination or expiration of the loan, and if the
department has given notice pursuant to Section 41-6-74 and no assertion of title has been
filed within 90 days from the date of the second published notice. (b) The department may
terminate a loan of property if the property was loaned to the department for an indefinite
term and the property has been held by the department for five years or more. Property on
"permanent loan" shall be deemed to be loaned for an indefinite term. (c) If property
was loaned to the department for a specified term, the department may give notice of termination
of the loan at any time after expiration of the specified term. (d) When the department accepts
a loan of property, the department shall inform the owner in writing of the...
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6-2-38
Section 6-2-38 Commencement of actions - Two years. (a) An action by a representative to recover
damages for wrongful act, omission, or negligence causing the death of the decedent under
Sections 6-5-391 and 6-5-410 must be commenced within two years from the death. (b) All actions
by common carriers of property subject to Chapter 3 of Title 37 for recovery of their charges,
or any part thereof, shall be begun within two years from the time the cause of action accrues
and not after. (c) For recovery of charges, action shall be begun against common carriers
of property by motor vehicles subject to this article within two years from the time the cause
of action accrues and not after, except as provided in subsection (d) of this section; provided,
that if claim for the overcharge has been presented in writing to the carrier within the two-year
period of limitation, said period shall be extended to include six months from the time notice
in writing is given by the carrier to the claimant...
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