Title 12, Courts and Civil Proceedings

Subject to the provisions of this title, the right of eminent domain may be exercised by the state, a county, city, town, village, or political subdivision, or by a person, for the following uses: 1. All public uses authorized by the government of the United States. 2. Buildings …

Except as provided by section 28-7102, before property may be taken, it shall appear that: 1. The use to which the property is to be applied is a use authorized by law. 2. The taking is necessary to such use. 3. If the property is already appropriated to some public use, the publ…

The interests, estates and rights in lands subject to be taken for public use, are: 1. A fee simple, when taken for public buildings or grounds or for permanent buildings, for use in connection with a right-of-way or for an outlet for the flow or a place for the deposit of tailin…

Private property which may be taken includes: 1. All real property belonging to any person, including any and all water and water rights for the irrigation of any land condemned, belonging to or used in connection with the land for the irrigation thereof, with right of way for th…

A. Property that may be taken under this article includes property possessed by the United States government unless: 1. The property was acquired by the federal government with the consent of the legislature pursuant to article I, section 8, clause 17, Constitution of the United …

A. Where land is required for public use, the state, or its agents in charge of such use, may survey and locate the land, but it shall be located in the manner which will be most compatible with the greatest public good and the least private injury. B. The land may be entered upo…

A. All actions for condemnation shall be brought as other civil actions in the superior court in the county in which the property is located except that, at least twenty days before filing an action for condemnation of property or any interest in property, the plaintiff shall del…

The complaint shall set forth: 1. The name of the person asserting the public use for which the property is sought, as plaintiff. 2. The names of all owners and claimants of the property, if known, or a statement that they are unknown, as defendants. 3. A statement of the right o…

A. All parcels lying in the county, and required for the same public use, may be included in the same or separate proceedings, at the election of plaintiff, but the court may consolidate or separate them for convenience of the parties. B. When application for condemnation of a ri…

A. The clerk shall issue a summons containing: 1. The names of the parties. 2. A general description of the whole property. 3. A statement of the public use for which it is sought. 4. A reference to the complaint for descriptions of the respective parcels. 5. Notice to defendants…

All persons occupying, or having or claiming an interest in any of the property described in the complaint, or in the damages for the taking thereof, though not named, may appear, plead and defend in respect to his property or interest, or that claimed by him, as if named in the …

A. The court may determine and regulate the place and manner of making connections and crossings or of enjoying the common use mentioned in paragraph 14 of section 12-1111. It shall hear and determine all adverse or conflicting claims to the property sought to be condemned and th…

A. The court or jury shall ascertain and assess: 1. The value of the property sought to be condemned and all improvements on the property pertaining to the realty, and of each and every separate estate or interest in the property, and if it consists of different parcels, the valu…

A. For the purpose of assessing compensation and damages, the right to compensation and damages shall be deemed to accrue at the date of the summons, and its actual value at that date shall be the measure of compensation and damages. B. If there is an order for immediate possessi…

Payment of compensation and damages may be made to a defendant or defendants entitled thereto, or the money may be deposited in court and distributed to the defendant or defendants entitled thereto. At the time the money is paid or deposited, all unpaid property taxes which were …

A. If the property sought to be condemned is for a railroad, plaintiff shall, within thirty days after final judgment, pay the sum assessed, but may, before payment, elect to build fences and cattle guards. If plaintiff so elects, he shall execute and deliver to defendant a bond,…

A. When the final judgment has been satisfied and all unpaid property taxes which were levied as of the date of the order for immediate possession, including penalties and interest, on the property that is the subject of the condemnation action have been paid, the court shall mak…

A. At any time after judgment is entered, or pending an appeal from the judgment to the supreme court, when plaintiff has paid into court for defendant or defendants the full amount of the judgment, and such other amounts as required by the court as a fund to pay further damages …

A. Costs may be allowed or not, and if allowed may be apportioned between the parties on the same or adverse sides, in the discretion of the court. B. The jury fee may be assessed or not against the plaintiff, in the discretion of the court. If jury fees are so assessed, they sha…

A. If a plaintiff causes a condemnation action under this article to be dismissed without prejudice before payment of the compensation and damages awarded the defendant by the court or jury, the plaintiff shall not initiate any eminent domain proceeding with respect to the same p…

A. In a proposed condemnation action if an owner-occupant of a residential property disagrees with the offer and appraisal, the owner-occupant may obtain a second appraisal from an appraiser who is on the approved list that is maintained by the governmental entity and the governm…

(Caution: 1998 Prop. 105 applies) Eminent domain may be exercised only if the use of eminent domain is authorized by this state, whether by statute or otherwise, and for a public use as defined by this article.

(Caution: 1998 Prop. 105 applies) A. In all eminent domain actions the judiciary shall comply with the state constitution's mandate that whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public…

(Caution: 1998 Prop. 105 applies) In any eminent domain action for the purpose of slum clearance and redevelopment, if private property consisting of an individual's principal residence is taken, the occupants shall be provided a comparable replacement dwelling that is decent, sa…

(Caution: 1998 Prop. 105 applies) A. If the existing rights to use, divide, sell or possess private real property are reduced by the enactment or applicability of any land use law enacted after the date the property is transferred to the owner and such action reduces the fair mar…

(Caution: 1998 Prop. 105 applies) A. A property owner is not liable to this state or any political subdivision of this state for attorney fees or costs in any eminent domain action or in any action for diminution in value. B. A property owner shall be awarded reasonable attorney …

(Caution: 1998 Prop. 105 applies) In this article, unless the context otherwise requires: 1. "Fair market value" means the most likely price estimated in terms of money which the land would bring if exposed for sale in the open market, with reasonable time allowed in which to fin…

(Caution: 1998 Prop. 105 applies) If a conflict between this article and any other law arises, this article controls.

(Caution: 1998 Prop. 105 applies) If any provision of this act or its application to any person or circumstance is held invalid that invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and t…

A. A plaintiff that files a complaint in superior court that asserts a malicious delay claim pursuant to sections 9-500.54 or 11-269.31 for a single-family residential application is entitled to expedited judicial review of the claim. B. Within ten calendar days after the service…

In this article, unless the context otherwise requires: 1. "Authorized corporation" means a corporation or association engaged or about to engage in a public works project, as defined in this article, for a public use, but the construction of the public works project and its cond…

A. A federal agency, state public body or authorized corporation may institute condemnation proceedings under this article for acquisition of real property necessary for a public works project. The proceedings may be instituted in the superior court in a county in which any part …

A proceeding under this article may be instituted by filing a complaint which shall be sufficient if it sets forth: 1. The name of plaintiff. 2. A description of the property, sufficient for identification thereof, to which there may be attached a plat or map thereof. 3. A statem…

Any number of parcels of land, whether owned by the same or different persons and whether contiguous or not, may be included and condemned in one action, if the parcels are to be used for a single public works project.

A. Notice of the action shall be given by one publication in a newspaper having a general circulation in each county in which any part of the property sought to be condemned is located. The notice shall be published at least twenty and not more than thirty days prior to the date …

A. All persons who have not filed written objections with the court prior to the time of the hearing specified in the notice prescribed by section 12-1145, shall be deemed to have waived the right to file objections as to the sufficiency and validity of the complaint, the action …

A. The court, at the time of the hearing, shall appoint a special master to fix the amount of damages and compensation for the taking and condemnation of the property described in the complaint, to determine the persons entitled thereto and to report such facts to the court. B. T…

A. Immediately after being appointed and taking the oath, the special master shall send notice by registered mail to all persons who have appeared in the action, or to their attorneys of record, and to all others having any interest in or lien upon the real property sought to be …

A. After notice by mailing and posting has been given as provided by section 12-1148, the special master, on the date for hearing specified in the notice, shall proceed immediately to hear and determine the question of just compensation for the taking and condemnation of the prop…

A. For the purpose of determining the value of the real property sought to be condemned and fixing just compensation therefor, the following evidence, in addition to other evidence which is relevant, material and competent, shall be admitted and considered relevant, material and …

The report of the special master shall be filed with the clerk of the court in which the action is pending within thirty days after the date of the master taking the oath, unless further time is granted by the court. The court shall grant additional time for filing the report onl…

Upon filing the report by the special master, the court, without delay, shall fix a date for hearing objections filed thereto. Notice that the report has been filed, that all objections thereto shall be filed with the court within ten days after the date of mailing the notice, an…

A. If no objections are filed to the special master's report, the court, but only on motion of plaintiff unless title to the property has vested in plaintiff, shall enter a final judgment fixing the compensation to be paid for the property and the persons entitled thereto. If obj…

A. Upon rendition of final judgment vesting title in plaintiff, the clerk of the court shall make and certify, under the seal of the court a copy or copies of the judgment, which shall be recorded in the office of the county recorder, and the recording shall constitute notice to …

A. The plaintiff may at any time after determination of the issues as provided in section 12-1146, if the court at such time found that the use for which the property is sought to be condemned is a necessary use, make application to the court for an order permitting plaintiff to …

At any time prior to vesting title to the property in the plaintiff, the plaintiff may withdraw or dismiss the plaintiff's complaint with respect to any or all the property described in the complaint, except that if the plaintiff causes the complaint to be dismissed without preju…