§ 31-23-221 — Compensation for reservations

(1) In the resolution of adoption
of a plat, the governing body shall appoint a board of three appraisers and shall fix
the time and place of meetings for hearings by said board upon the amounts of
compensation to be paid for such reservations. Thereupon the clerk shall publish in
at least two newspapers of general circulation in the municipality once a week for
four consecutive weeks a notice which shall contain a general description of the
land thus reserved as shown on the plat, the provisions of the resolution of the
governing body, including the period of time for which such reservations are made,
the time within which claims for compensation may be filed, which shall be not less
than three nor more than six months from the date of notice, and the time and place
of hearings by the board of appraisers. The first hearing shall not be set earlier than
thirty days after the date of the first of such publications. Such notice shall also be
posted in at least three public places in the neighborhood of or along the line of the
location of the reservation.

(2) The board of appraisers shall fix the amounts of compensation to be paid,
respectively, to the owners of lands reserved for the period of time as shown on the
plat and in the resolution adopted by the governing body. When the clerk receives,
within the period fixed for the same, any claim for such compensation, he shall
transmit it to the board of appraisers. At the time and place fixed for such hearings,
the board of appraisers shall hear and consider all claims presented to it in writing
or in person, including all evidence which may be presented by the claimants or
other persons. The board of appraisers has the right on its own initiative to
investigate and ascertain data or evidence relevant to the question of such
compensation. In case of the abandonment of a reservation prior to the time fixed
for payment of compensation, the municipality shall be liable to the owner of the
land included within the abandoned reservation for the expenses, if any, incurred by
such owner by reason of such reservation.

Legislative History

Source: L. 75: Entire title R&RE, p. 1152, � 1, effective July 1.