§ 1-26-514 — Interest taken; due compensation

(a) In the case of public entities the court may grant an
easement or fee simple title to the public entity if necessary
for the purpose for which the land was condemned. In cases not
involving public entities, following determination of due
compensation the court shall enter an order granting an easement
to the condemnor which shall not include any claim, interest or
property in or to the underlying minerals or mineral estate
except for subsurface support.
(b) The court in determining due compensation may
authorize a lump-sum payment or an annual installment or
amortization payment to continue throughout the term of the
easement.