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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XIII EMINENT DOMAIN AND BETTERMENTS
  • CHAPTER 79 EMINENT DOMAIN

Section 1 - Order of taking; contents

Section 2 - Officials authorized to exercise eminent domain

Section 3 - Recordation of taking order; procedure to acquire possession

Section 4 - Taking registered land

Section 5 - Taking of land already in public use

Section 5A - Historical or archeological landmarks; ancient landmarks; taking

Section 5B - Agricultural land

Section 5C - Notice of intent prior to taking; exceptions

Section 6 - Taking by public; award of damages; amendment of award; payment

Section 6A - Moving expenses; exemption from attachment or execution

Section 7 - Taking by private corporations; award of damages; time of payment

Section 7A - Appraisal as pre-requisite to payment of damages

Section 7B - Payment of damages; execution of necessary documents; time of issuance of checks

Section 7C - Notice of taking and amount of damages; contents; service

Section 7D - Unknown persons or persons under legal disability; manner of payment of damages; apportionment of damages; deposits

Section 7E - Unclaimed checks

Section 7F - Copies of notice or notice of deposit; sending to tax collectors

Section 7G - Receipt of payment or deposit; effect; recovery of interest; refund of overpayment; recovery of payment made to person not entitled thereto

Section 7H - Payment of damages of less than $2000 to prevent hardship notwithstanding title deficiencies

Section 8 - Repealed, 1964, 579, Sec. 4

Section 8A - Offer of settlement; payment pro tanto; refund of excess

Section 8B - Time for vacation of dwellings

Section 9 - Injuries to realty caused by improvements not constituting a taking

Section 10 - Damages for injuries to property caused by acts in pais

Section 10A - Payment of damages; enforcement of provisions of certain sections; petition for writ of mandamus

Section 11 - Land lying in more than one governmental unit; petition for award of damages

Section 12 - Measure of damages; federal reimbursement

Section 12A - Property taken diminished in value by disaster; full compensation; determination of fair market value; time limit

Section 13 - Buildings and trees on land taken

Section 14 - Petition to superior court

Section 15 - Repealed, 1936, 385, Sec. 1

Section 16 - Time for filing petition

Section 17 - Time for filing petition when original proceedings quashed

Section 18 - Time for filing petition when validity of taking is contested

Section 19 - Time for filing petition if improvement delayed by law

Section 20 - Petition by guardian, conservator or trustee

Section 21 - Procedure on death of person entitled to damages

Section 22 - Pleading and procedure; entry of judgment

Section 23 - Petition of persons holding different interests in same property

Section 24 - Damages sustained by tenant for life or years and remaindermen; trust

Section 25 - Amount of damages placed in trust; damages special to separate estate

Section 26 - Trustees for persons with legal disability; appointment; bond

Section 27 - Persons holding unusual interests; right to petition

Section 28 - Notice to other holders of interests

Section 29 - Award to persons holding different interests; apportionment

Section 30 - Appointment of guardian ad litem or trustee

Section 31 - Petition by tenant in possession of encumbered property

Section 32 - Mortgaged land; procedure

Section 33 - Apportionment of damages between mortgagors and mortgagees

Section 34 - Request for speedy trial

Section 35 - Evidence of assessed or fair market value of property; admissibility

Section 35A - Apportionment of taxes

Section 36 - Discontinuance of petition

Section 36A - Payment of damages after exhaustion or waiver of right to appeal

Section 37 - Interest on award of damages

Section 38 - Costs

Section 39 - Settlement and tender; interest

Section 40 - Taking by private corporations; security for damages

Section 41 - Finality of award; remedy for collection

Section 42 - Remedies to enforce payment by private corporations

Section 43 - Right less than fee; effect of abandonment on award of damages

Section 44 - Taking by United States

Section 44A - Tax liens on realty taken

Section 45 - Applicability of chapter