§ 14-91-104 — Eminent domain proceedings

(a) (1) A municipal board of improvement shall have power to enter upon any private property for the construction of any designed improvement. (2) Any damages that may be sustained thereby shall be paid out of the improvement fund. (b) (1) If the person damaged and the board cannot agree on the sum to be paid for the damages, the person aggrieved may file his petition in the circuit court of the county, setting forth his grievance, and asking compensation therefor, making the board a party defendant. (2) The issues in the suit shall be made up as in other cases at law, and the cause shall be tried by a jury, unless dispensed with by the parties. (3) The case shall be advanced on the docket so as to have precedence of all other causes. (4) (A) The judge of the circuit court may hold a special term at any time for the trial of any such cause, giving ten (10) days' notice to the parties of the time of holding that special term, which may be in writing. (B) The notice shall be served on the parties as a writ of summons is directed to be served unless it is waived by the parties or one of them. (5) (A) The judge of the court may, in vacation, in case an agreement cannot be arrived at between the board and the owner of the property in relation to the damages claimed, fix an amount to be deposited with some person, to be designated by the court, before the entering upon and taking possession of the property to be used and taken as prescribed. (B) Upon the amount required being deposited and a certificate thereof filed in the cause, the work may proceed.

Legislative History

Acts 1881, No. 84, § 21, p. 161; C. & M. Dig., §§ 4022-4026; Pope's Dig., §§ 5024-5028; A.S.A. 1947, § 20-309.