Title 19, Expropriation

§405. Order of expropriation; deposit; vesting of title A. Upon presentation of the petition and attachments, the court shall issue an order directing the city of St. George to deposit the estimated compensation into the registry of the court and declaring the property described …

§406. Possession; inhabited improvements A. If no inhabited improvement is located on the property, the city of St. George may take possession immediately upon deposit. B. If an inhabited improvement is located wholly or partially upon the property, the court may postpone physica…

§407. Service of pleadings Certified copies of the petition, order of expropriation, and receipt for deposit shall be served upon each owner in accordance with law. Acts 2026, No. 899, §1, eff. Jun. 9, 2026.

§408. Withdrawal of deposit A. Upon application by any owner, the court may order all or any portion of the deposited funds paid to the owner on account of compensation to be awarded. B. The court shall order payment of taxes, liens, mortgages, and other encumbrances from the dep…

§409. Challenge to validity of taking A. Any owner may contest the validity of the taking on the grounds that: (1) The property was not expropriated for a public purpose. (2) The petition or attachments fail to comply with this Part. B. A motion to dismiss shall be filed within t…

§410. Answer; delay A. Any owner seeking compensation or damages shall file an answer within thirty days after service for a total taking, or ninety days after service for a partial taking. B. The answer shall set forth the nature and amount of compensation or damages claimed. Ac…

§411. Trial on compensation A. After an answer is filed and any motion to dismiss resolved, either party may request that the case be fixed for trial. B. The court shall set the matter for trial with preference and shall provide at least thirty days notice of trial. Acts 2026, No…

§412. Judgment The court shall render judgment fixing just compensation and damages, if any, and ordering payment or refund of any excess deposit in accordance with law. Acts 2026, No. 899, §1, eff. Jun. 9, 2026.

§413. Interest Legal interest shall accrue on any amount awarded in excess of the deposited estimate from the date of taking until paid. Acts 2026, No. 899, §1, eff. Jun. 9, 2026.

§414. Additional authority The authority granted by this Part is in addition to any other expropriation authority granted by law and shall not be construed to limit or impair any other power of the city of St. George. Acts 2026, No. 899, §1, eff. Jun. 9, 2026.

§5. Time of trial; notice to defendant A. Upon the institution of a suit for expropriation, the trial court shall issue an order fixing the time of the trial of the suit which shall not be less than sixty days from the filing of the suit. B. The clerk of court shall issue to the …

§6. Service of answer on plaintiff The defendant shall file any answer, exceptions, or other responsive pleadings within thirty days after the service upon the defendant of the notice of the time fixed for the trial. The answer, exceptions, or other responsive pleadings shall be …

§7. Failure to timely file by defendant; forfeiture of defenses Failure of the defendant in any such suit to timely file any answer, exceptions, or other responsive pleadings constitutes a waiver by the defendant of all defenses to the suit except claims for compensation. Amended…

§8. Trial with dispatch; judgment; appraisals; payment in court registry A.(1) Expropriation suits shall be tried by preference and shall be conducted with the greatest possible dispatch. All issues shall be decided by the trial judge, except compensation when either party has de…

§9. Measure of compensation; "extent of loss" A. In determining the value of the property to be expropriated, and any damages caused to the defendant by the expropriation, the basis of compensation shall be the value which the property possessed before the contemplated improvemen…