45-49-181.02
Section 45-49-181.02 Chair of petitioners; petition requirements. A chair shall be designated
on this petition to represent the petitioners and to act on their behalf. A map of legible
size indicating the location of the named road shall be presented with the petition. The petition
should clearly state the name to be assigned to the road. The petition shall certify to the
intent of the adjacent property owners to offer jointly, at no cost to the county, a minimum
of 60-foot width of right-of-way, along an alignment that complies with accepted design criteria
and does not compromise the safety of the traveling public, together with any required drainage
easements as determined by the county engineer to adequately maintain the road. The petition
shall certify that the adjacent property owners will jointly and severally indemnify the county
against liability for roadway defects for a period not to exceed five years after acceptance
of the road or roads by the county. The petition shall...
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6-3-3
Section 6-3-3 Venue of actions - Work or labor done or breaches of easement or right-of-way
contracts. In all actions for work and labor done or breaches of contracts or covenants as
to easements or rights-of-way, the action may be commenced in the county in which the work
was done or in which the land is situated as to which the easement or right-of-way was granted.
(Code 1923, §10468; Code 1940, T. 7, §55.)...
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9-11-91.1
Section 9-11-91.1 Unauthorized fishing from or near fish farm. (a) It shall be unlawful for
any person to fish or take fish from any fish farm except with the consent of the owner thereof.
Any person possessing fishing tackle on the premises of a fish farm shall be rebuttably presumed
to be fishing. (b) Any motor vehicle, or fishing tackle, or other fishing equipment which
has been or is used for illegal fishing shall be contraband, and, in the discretion of the
circuit court may be forfeited to the county wherein the violation occurred, as provided by
law. A commercial fish pond shall be posted with signs which are readable from the public
right-of-way. (c) The sheriff or any other person authorized to enforce the game and fish
laws of this state who apprehends any person violating the provisions of this section, or
who finds any vehicle which is being or has been used in illegal fishing shall seize the vehicle
and any fishing tackle and other fishing equipment found in the possession...
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11-49-6
Section 11-49-6 Vacation of right-of-way fee. Prior to the exercise of the power of a municipality
incorporated in this state to vacate the public right-of-way for a road, street, alley, or
other dedicated public way, open or unopen, as a condition of exercise of such power to vacate,
the governing body may require abutting landowners who will directly benefit from such vacation
to pay to such municipality a vacation of right-of-way fee equal to the fair market value
of the land which will be added to the holdings of such abutting landowners. Such fair market
value shall be determined by the governing body of the municipality after a public hearing,
notice of which shall be published in a daily newspaper of general circulation at least five
days prior thereto and mailed to such address or addresses as may be set forth in the application
by abutting owners for the vacation of right-of-way unless a waiver of such notice to abutting
landowners is filed by such abutting landowners with the...
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23-1-378
Section 23-1-378 Acquisition, construction, operation of airports, facilities, power of condemnation
generally. (a) The department may on behalf of and in the name of the state, within the limitation
of appropriations or other funds available, acquire, by purchase, gift, devise, lease, condemnation
proceedings or otherwise, property, real or personal, for the purpose of establishing and
constructing airports, restricted landing areas, and other air navigation facilities and to
acquire, own, control, establish, construct, enlarge, improve, maintain, equip, operate, regulate,
and police airports, restricted landing areas, and other air navigation facilities within
the state; make investigations, surveys or plans prior to any acquisition; and erect, install,
construct, and maintain at airports facilities for the servicing of aircraft and for the comfort
and accommodation of air travelers. (b) The department may not acquire, or take over any airport,
restricted landing area, or other air...
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45-37A-56.22
Section 45-37A-56.22 Definitions. Unless the context plainly indicates otherwise, the following
words and terms shall have the meanings hereby ascribed to them: (1) AUTHORITY. A public corporation
organized under this subpart. (2) BOARD. The board of directors of the authority (3) BOND.
Any bond authorized to be issued under this subpart. (4) CITY. A city subject to this subpart.
(5) COUPON. Any interest coupon evidencing an installment of interest payable with respect
to a bond. (6) DIRECTOR. A member of the board. (7) GOVERNING BODY. The body in which the
general legislative powers of the city are vested. (8) INDENTURE. A mortgage, and indenture
of mortgage, deed of trust, trust agreement, or trust indenture executed by the authority
as securityfor its bonds. (9) PARKING FACILITY. Any building, structure, land, right-of-way,
equipment, or instrumentality used or useful in connection with the construction, enlargement,
development, maintenance, or operation of an area or building for...
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45-49-181.07
Section 45-49-181.07 Requirements of property owners. The petitioners shall not submit any
road or portion of road for consideration in this program that does not connect directly to
an existing county, municipal, or state maintained road. Individual property owners shall
be required to bear the expense of the purchase of driveway culvert pipe as required to provide
adequate drainage and serve the property owner for access to the property. Individual property
owners shall be required to execute any right-of-way deed or easement documents as an obligation
under this part at no expense to the county. Property owners, individually or jointly, shall
be required to bear the cost of any utility relocations necessary to accommodate the roadway
improvements and associated drainage improvements. Property owners, individually or jointly,
shall be responsible for the relocation of existing fences or private encroachments out of
the proposed 60-foot mini-mum width right-of-way at no cost to the...
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18-1A-171
Section 18-1A-171 Reduction of compensation award because of incidental benefits from taking.
The amount of compensation to which the owners and other parties interested therein are entitled
must not be reduced or diminished because of any incidental benefits which may accrue to them
or to their remaining lands in consequence of the uses to which the lands to be taken or in
which the easement is to be acquired will be appropriated; provided, that in the condemnation
of lands for ways and rights-of-way for public highways, water or sewer lines, the commissioners
or jury may, in fixing the amount of compensation to be awarded the owner for lands taken
for this use, take into consideration the value of the enhancement to the remaining lands
of such owner that such highway, water or sewer lines may cause; and provided further, that
in proceedings instituted by water conservancy districts and water management districts, benefits
accruing to the landowner from an improvement may be...
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18-1A-194
Section 18-1A-194 Evidence supporting opinion as to remainder value in partial taking. For
the purpose of supporting an opinion as to the value of a remainder after a partial taking,
evidence may be received relating but not limited to the following factors: (1) Extent of
increase or decrease in the productivity and convenience of use of the remainder reasonably
attributable to the taking; (2) Extent of improvement in or impairment of access to the public
highways from the remainder upon completion of the project; (3) Extent of benefit or detriment
caused by the project due to a change in grade within a right-of-way abutting the remainder;
(4) Extent of enhancement or damage as a consequence of the project; (5) Extent of benefit
or damage resulting from severance of land or improvements; (6) Extent of benefit or damage
resulting from the distance or proximity of the remainder, or improvements on the remainder,
to the project in view of its character and probable use; and (7) Cost of...
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18-1A-289
Section 18-1A-289 Effect of order of condemnation; right of entry, etc., pending appeal upon
deposit of damages, compensation, and costs; effect of appeal upon condemnation order. The
order of condemnation, upon the payment of the sum ascertained and assessed by the verdict
of the circuit court, or the bond thereof in the circuit court for the defendant, shall vest
in the applicant the property or property right proposed to be acquired for the uses and purposes
stated in the application and for no other uses or purposes. But if an appeal shall be taken
by any party, then the person, corporation or association seeking to acquire such property
or property right, upon the deposit in the circuit court for the party whose land or interest
therein is sought to be condemned of the amount of damages and compensation so assessed, together
with the costs of the proceeding, shall be entitled to enter upon the lands so condemned and
to survey, construct, and operate on the same for the uses and...
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