§ 1-26-513 — Deposit at commencement of action

(a) At the time of commencing an eminent domain proceeding
the condemnor shall deposit in court an amount equal to the
condemnor's last offer of settlement prior to the action. Upon
motion of the condemnee and following a hearing if the amount
originally deposited is clearly inadequate, the court shall
order the condemnor to make an additional deposit. The clerk of
court shall invest the deposit in any legal interest bearing
investment and interest earnings shall accrue to the account of
the condemnor.
(b) The court may waive the requirement of a deposit for a
public entity if the public entity is financially or legally
unable to post the deposit but the public entity may not obtain
possession of the property prior to judgment until the
appropriate deposit is made.
(c) The condemnee may withdraw any portion of the deposit
prior to final judgment which the court determines is not
subject to claims of mortgagees and other claimants. The amount
withdrawn constitutes a lien against the property of the
condemnee and the condemnee is liable to the condemnor for any
amount withdrawn which exceeds the final judgment in the action.
If the condemnee withdraws any portion of the deposit prior to
judgment, he waives all defenses to the action except the right
to contest the amount to be awarded and the condemnor is
entitled to immediate possession of the property subject to the
court's determination of a reasonable period during which the
condemnee can remove improvements and take other actions
authorized by the court.