28-9-8
Section 28-9-8 Liability of supplier for acts diminishing value of wholesaler's business; arbitration
procedures; determination of amount of compensation; cost of arbitration; default of arbitration
procedures. (a) Except as provided for in this chapter, a supplier that has amended, modified,
canceled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign
from an agreement; or has interfered with, prevented or unreasonably delayed, or where required
by this chapter, has withheld or unreasonably delayed consent to or approval of, any assignment
or transfer of a wholesaler's business, shall pay the wholesaler reasonable compensation for
the diminished value of the wholesaler's business, including any ancillary business which
has been negatively affected by the act of the supplier. The value of the wholesaler's business
or ancillary business shall include, but not be limited to, any good will. Provided, however,
nothing contained in this chapter shall give...
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25-5-81
Section 25-5-81 Determination of disputed compensation claims generally. (a) Commencement of
action in circuit court. (1) PROCEDURE. In case of a dispute between employer and employee
or between the dependents of a deceased employee and the employer with respect to the right
to compensation under this article and Article 2 of this chapter, or the amount thereof, either
party may submit the controversy to the circuit court of the county which would have jurisdiction
of a civil action in tort between the parties. The controversy shall be heard and determined
by the judge who would hear and determine a civil action between the same parties arising
out of tort, and, in case there is more than one judge of the court, the controversies shall
be set and assigned for hearing under the same rules and statutes that civil actions in tort
are set and assigned. The court may hear and determine the controversies in a summary manner.
The decision of the judge hearing the same shall be conclusive and...
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18-1A-22
Section 18-1A-22 Offer to purchase at full appraised value; amount of compensation; written
statement and summary; waiver valuation. (a)(1) Before commencing a condemnation action, the
condemnor shall establish an amount based on an appraisal, except as otherwise provided in
subsection (e), which it believes to be just compensation therefor and promptly shall submit
to the owner an offer to acquire the property for the full amount so established. (2) The
amount may not be less than the condemnor's established amount of just compensation for the
property. (b) In a total taking, the condemnor shall disregard any decrease or increase in
the fair market value of the property caused by the project for which the property is to be
acquired or by the reasonable likelihood that the property will be acquired for that project,
other than normal depreciation. (c)(1) The amount of compensation to which the owners and
other parties interested therein are entitled may not be reduced or diminished...
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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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25-5-88
Section 25-5-88 Proceedings for determination of disputed claims for compensation - Commencement
of action, etc. Either party to a controversy arising under this article and Article 2 of
this chapter may file a verified complaint in the circuit court of the county which would
have jurisdiction of an action between the same parties arising out of tort, which shall set
forth the names and residences of the parties and the circumstances relating to the employment
at the time of the injury, with a full description of the injury, its nature and extent, the
amount of the average earnings received by the employee which would affect his compensation
under this article and Article 2 of this chapter, the knowledge of the employer of the injury
or the notice to him thereof, which must be of the kind provided for in this article and Article
2 of this chapter and such other facts as may be necessary to enable the court to determine
what, if any, compensation the employee or, in case of a deceased...
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37-16-7
Section 37-16-7 Civil action by owner of interest in real property subject to easement; damages;
condemnation; receipt of rights by grant or agreement; motice of installation; liability.
(a) If the owner of an interest in real property subject to an electric easement contends
that the owner's property has been taken, injured, or destroyed by the construction, installation,
use, or enlargement of broadband systems within the electric easement on the owner's property
and the electric easement does not expressly provide for such, the owner may file a civil
action in the circuit court for the county in which the property is located to recover damages
as specified by this section. All such actions must be brought within three years after the
later of: (1) August 1, 2019; or (2) the date broadband systems are first constructed or installed
within the electric easement on the owner's real property. Nothing in this chapter shall revive
any right or remedy which may have become barred by lapse...
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18-1A-311
Section 18-1A-311 Application. (a) Articles 1 through 5 of this chapter apply only to condemnation
actions commenced on or after January 1, 1986. (b) Article 1 and Articles 6 through 16 of
this chapter apply to the fullest extent practicable to pending condemnation actions commenced
before January 1, 1986, with respect to issues on which a judgment has not been entered, and
with respect to issues that are retried on or after January 1, 1986, pursuant to an order
of a trial or appellate court. (c) In any condemnation action in which an appeal or a motion
to modify or vacate the verdict or judgment, or to grant a new trial, was pending on January
1, 1986, the law applicable before January 1, 1986, governs the determination of the appeal
or motion. (Acts 1985, No. 85-548, p. 802, §1704.)...
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18-1A-93
Section 18-1A-93 Hearing on preliminary objections. Preliminary objections shall be heard and
determined by the probate court on the court's own motion, or on notice and motion by a party,
before final determination of the amount of just compensation. The probate court may consolidate
for hearing all preliminary objections asserted in separate actions pending in that court
to take properties for the same use. (Acts 1985, No. 85-548, p. 802, §504.)...
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45-2-22.08
Section 45-2-22.08 Compensation for violation; arbitration. (a) Except as provided for in this
part, a supplier that has amended, modified, cancelled, terminated, or refused to renew any
agreement; or has caused a wholesaler to resign from any agreement; or has interfered with,
prevented, or unreasonably delayed, or where required by this part, has withheld or unreasonably
delayed consent to or approval of, any assignment or transfer of a wholesaler's business,
shall pay the wholesaler reasonable compensation for the diminished value of the wholesaler's
business, including any ancillary business which has been negatively affected by the act of
the supplier. The value of the wholesaler's business or ancillary business shall include,
but not be limited to, any good will. Provided, however, nothing contained in this part shall
give rise to a claim against the supplier or wholesaler by any proposed purchaser of wholesaler's
business. (b) Should either party, at any time, determine that...
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45-37-21.09
Section 45-37-21.09 Reasonable compensation for diminution of value of business of wholesaler;
arbitration. (a) Except as provided for in this part, a supplier that has amended, modified,
cancelled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign
from any agreement; or has interfered with, prevented, or unreasonably delayed, or where required
by this part, has withheld or unreasonably delayed consent to or approval of, any assignment
or transfer of the business of the wholesaler, shall pay the wholesaler reasonable compensation
for the diminished value of the business of the wholesaler, including any ancillary business
which has been negatively affected by the act of the supplier. The value of the business or
ancillary business of the wholesaler shall include, but not be limited to, any good will.
Provided, however, nothing contained in this part shall give rise to a claim against the supplier
or wholesaler by any proposed purchaser of the business...
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