§ 32-17-12 — Adjustment of cross judgments

If the decision of the court is in favor of one party for the recovery of the real property and in
favor of another for improvements, the former shall have the option for sixty days after receiving
notice that the findings are filed to pay the value of such improvements less such sums as may

be found due for use and occupation and waste, or to take judgment against the other party for
the value of the land aside from the improvements, as determined by the findings, and such
sums as may be found due for use and occupation and waste. If such option is not exercised in
writing by such party or such party's attorney, and filed with the clerk within sixty days, the other
party thereupon may exercise the option for such party in like manner. If the party entitled to the
possession of the property received in lieu thereof a money judgment, the other party may be
subrogated to all the former's rights therein, including all the relief that party otherwise would be
entitled to under the findings, and judgment thereupon shall be entered accordingly. Until
payment is made by the party recovering the land, or until tender and deposit in the office of the
clerk of the court in which the action is pending, no writ for the possession of the property shall
be issued.