35-3-20
Section 35-3-20 Order for survey on motion of court. (a) Whenever in any action pending in
the circuit court it is pertinent and material to the determination of the issue or issues
therein or to the proper entering of a description in the judgment therein to establish or
fix a disputed land line or boundaries between coterminous landowners, or to locate the position
of a line of the government survey, or to locate a landmarker or other object, the court may,
as provided in this article, direct a competent surveyor or surveyors to make a survey for
the purpose of fixing or establishing the disputed land line or boundaries between coterminous
landowners or of locating the position of a line of the government survey or of locating a
landmarker or other object. (b) If the court is of the opinion that such survey should be
made it shall enter an order stating the reasons why, in its opinion, such survey should be
made and fixing a day on which to hear objections thereof and directing the...
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18-1A-250
Section 18-1A-250 Arbitration of compensation authorized; noncompliance with Articles 2 and
3. (a) A condemnor and a condemnee or two or more condemnees may enter into and comply with
the terms of an agreement in conformity with this article for the arbitration of any issue
relating to the amount or the apportionment of compensation for the taking of property. (b)
An agreement to arbitrate does not constitute and shall not be construed as a waiver of or
excuse for noncompliance with any requirement of Article 2 or 3 relating to the acquisition
of property except to the extent expressly provided in the agreement. (Acts 1985, No. 85-548,
p. 802, §1501.)...
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6-6-2
Section 6-6-2 Reference of controversy when no action pending to arbitrators. When no action
is pending, the parties to any controversy may refer the determination thereof to the decision
of arbitrators to be chosen by themselves, and the award made pursuant to the provisions of
this division must be entered up as the judgment of the proper court if the award is not performed.
(Code 1852, §2710; Code 1867, §3149; Code 1876, §3537; Code 1886, §3222; Code 1896, §509;
Code 1907, §2909; Code 1923, §6157; Code 1940, T. 7, §830.)...
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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
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18-1A-21
Section 18-1A-21 Appraisal. Before commencing a condemnation action, the condemnor shall cause
the property to be appraised to determine the amount that would constitute just compensation
for its taking. The owner or his representative shall be given a reasonable opportunity to
accompany the appraiser during the inspection of the property. (Acts 1985, No. 85-548, p.
802, §202.)...
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18-1A-282
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. The commissioners
must, within 20 days from their appointment, make a report in writing to the probate court
stating the amount of damages and compensation ascertained and assessed by them for the owners
of each tract of and, or persons injured and other parties interested therein, and thereupon,
within seven days, the probate court must issue an order that the report be recorded and the
property be condemned upon payment or deposit into the probate court of the damages and compensation
so assessed. A notice of entry of said order and the amount of the award shall immediately
be mailed by first class mail to each party whose address is known, together with a notice
of the right to appeal therefrom to the circuit court within 30 days from the date of said
order. (Acts 1985, No. 85-548, p. 802, §1613.)...
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28-4-286
Section 28-4-286 Institution of proceedings for condemnation of vehicles, etc.; seized property
not to be retaken by replevin or detinue during pendency of action; intervention by parties
claiming superior right to seized property; powers of court to regulate proceedings to permit
parties claiming vehicles, etc., to assert rights. It shall be the duty of such officer in
the county or the Attorney General of the state to institute at once or cause to be instituted
condemnation proceedings in the circuit court by filing a complaint in the name of the state
against the property seized, describing the same, or against the person or persons in possession
of said vehicles of transportation, if known, to obtain a judgment enforcing the forfeiture.
No replevin or detinue writ may be employed to retake possession of such seized property pending
the forfeiture action, but any party claiming a superior right may intervene by motion in
said action and have his claim adjudicated. The judge...
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42-2-8
Section 42-2-8 Commissioners for assessment of damages and compensation - Report. The commissioners
must, within 10 days from their appointment, report in writing to the court the amount of
damages and compensation ascertained and assessed by them, and thereupon the court must order
the same to be recorded and must make an order of condemnation in pursuance thereof upon payment
of the damages and compensation so assessed and reported or the deposit of the same in court.
(Code 1907, §2422; Code 1923, §3156; Code 1940, T. 59, §12.)...
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6-6-254
Section 6-6-254 Return of bonds; liability of sheriff for failing to do so; compelling making
of return. All bonds taken under this article must be returned within 10 days thereafter to
the clerk of the court in which the action is pending, and, on failure, the sheriff is liable
to the successful party to the amount of the value of the property and damages for its detention
as assessed by the jury, with interest thereon from the entry of the judgment, to be recovered
on motion to the court in which such judgment was entered on three days' notice, or the sheriff
may, at any time, be compelled by attachment to make such return. (Code 1852, §2196; Code
1867, §2597; Code 1876, §2946; Code 1886, §2722; Code 1896, §1481; Code 1907, §3787;
Code 1923, §7398; Code 1940, T. 7, §927.)...
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6-6-391
Section 6-6-391 Affidavit of amount due plaintiff. To obtain such writ of garnishment, the
plaintiff, his agent or attorney must make, before an officer authorized to administer oaths,
and file, with the clerk of the court in which the action is pending or the judgment was entered,
an affidavit stating the amount due from the defendant to the plaintiff, or his assignee,
that process of garnishment is believed to be necessary to obtain satisfaction thereof and
that the person to be summoned as garnishee is believed to be chargeable as garnishee in the
case. It is not ground of objection that two or more persons having separate interests are
mentioned as garnishees. (Code 1852, §2471; Code 1867, §2892; Code 1876, §3219; Code 1886,
§§2968, 2973; Code 1896, §2173; Code 1907, §4302; Code 1923, §8053; Code 1940, T. 7,
§997.)...
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