§ 18-15-1802 — Cause of action

(a) Unless otherwise agreed by the parties or determined by a court of law, the owner of private property may raise a defense or bring a cause of action in circuit court to determine whether his or her private property is lawfully being taken: (1) For a public use; (2) As blighted property; (3) As abandoned property; or (4) As necessary to achieve a public use. (b) A state agency has the burden of proof to show by a preponderance of the evidence that the private property is lawfully being taken for the purposes authorized under subsection (a) of this section. (c) In a challenge to whether the taking is necessary to achieve a public use, the state agency bears the burden of proving by the preponderance of the evidence that the: (1) Land, real estate, premises, or other property the state agency seeks to acquire is required for a public use; (2) State agency has plans that reflect a reasonable schedule to complete the public use after the state agency takes ownership of the property; (3) State agency has access to funding to complete the public use; and (4) Public use cannot be accomplished by using or acquiring other property with the consent of the owner of the property without an unreasonable increase in cost or delay. (d) A cause of action under this section shall not be exercised more than one hundred eighty (180) days after the date the owner of the property received reasonable notice of a condemnation under this chapter.

Legislative History

Amended by Act 2021, No. 1044,§ 2, eff. 7/28/2021. Added by Act 2021, No. 945,§ 4, eff. 7/28/2021.