§ 39-6-33. Determination of price to be paid.
If the railroad shall agree with the acquiring authority upon the sum to be paid,
and the price shall be approved by the state properties committee, the sum agreed
shall be paid to the railroad upon delivery of proper instruments of conveyance. If
no agreement as to the price to be paid is reached within one year following the abandonment,
then within six (6) months thereafter, or if the abandoned right of way has not been
disposed of otherwise, then at any time thereafter, the acquiring authority may petition
the superior court for one of the counties in which the land is situated for an assessment
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§ 39-6-33. Determination of price to be paid.
If the railroad shall agree with the acquiring authority upon the sum to be paid,
and the price shall be approved by the state properties committee, the sum agreed
shall be paid to the railroad upon delivery of proper instruments of conveyance. If
no agreement as to the price to be paid is reached within one year following the abandonment,
then within six (6) months thereafter, or if the abandoned right of way has not been
disposed of otherwise, then at any time thereafter, the acquiring authority may petition
the superior court for one of the counties in which the land is situated for an assessment
by a judge thereof of the fair value to be paid for the estate or interest in the
land. A hearing on the petition shall be conducted as in other civil actions, and
either party shall have the right to appeal the decision as provided by law. Within
thirty (30) days after a final judgment is entered, the acquiring authority shall
tender payment in accordance therewith to the railroad and receive proper instruments
of conveyance. If the acquiring authority shall fail to make tender within the time
allowed, the railroad shall be at liberty to dispose of the land or any estate or
interest therein in any manner it shall see fit.