§ 18-15-404 — Assessment and payment of damages

(a) At the trial of the cause, a jury shall assess the amount of damages the applicant shall pay for the property taken in the proceedings. (b) Thereafter, a judgment shall be entered stating that title to the property shall vest in the applicant upon payment to the clerk of the court of the amount of damages so assessed. (c) (1) If there is only one (1) defendant, the clerk of the court shall pay the proceeds of the judgment to the defendant upon demand. (2) If there is more than one (1) defendant, the lower court shall retain jurisdiction of the matter solely for the purpose of making a division of the proceeds and shall determine the division sitting without a jury and without further notice to any defendant. (3) The court shall then enter an order making a division of the proceeds and shall direct the clerk of the court to make payment to the various defendants in the amounts which shall be specified in the order. The payment shall be made by the clerk to each defendant upon his or her demand. (4) The applicant shall not be a party to proceedings for the division of the damages.

Legislative History

Acts 1957, No. 269, § 5; A.S.A. 1947, § 35-911.