§ 28-2-220 — Election between trial and appraisal panel; condemnation notice; acceptance or rejection of offer tendered in notice.

(A) Prior to commencing a condemnation action, a condemnor must elect to proceed either under SECTION 28-2-240, in which case the form of Condemnation Notice prescribed by SECTION 28-2-280(C)(8) must be used, or under SECTION 28-2-250, in which case the form of Condemnation Notice prescribed by SECTION 28-2-280(C)(9) must be used. (B) In the Condemnation Notice, the condemnor shall set forth the amount it has determined to be just compensation pursuant to SECTION 28-2-70(A) which shall constitute a tender of that amount. (C) The landowner has thirty days after service of the Condemnation Notice to give the condemnor written notice either that he rejects the amount tendered, or that he accepts the amount tendered and agrees to execute those instruments as may be necessary to convey to the condemnor the property or interest therein described in the Condemnation Notice. A failure to respond to the tender constitutes a rejection.

Legislative History

HISTORY: 1987 Act No. 173, SECTION 1. Code Commissioner's Note At the direction of the Code Commissioner in 2016, in (B), "n" was changed to "In", and in (C) "he landowner" was changed to "The landowner", to correct a typographical error.