76-124 Ordinance - Laserfiche WebLink

Home Browse Search

~ :.. ~, , . , APPROPRIATION PROCIDURE Although it is the sincere desire of the Department of Transportation in purchasing right of way to arrive at a mutually satisfactory settlement with every property owner, it is not always possible to agree on acceptable terms during nego- tiations. When agreement cannot be reached, it becomes necessary for the State to proceed under the law to acquire the property for highway use pending determination by a jury of the compensation to be paid to the owner. This action assures that the owner's rights will be fully protected while at the same time permitting the construction of the highway to proceed for the benefit of all. Upon the filing of an appropriation case, the law provides that the Director of Transportation shall determine the value of the property in question and shall deposit this amount with the court, and thereupon the Department gains the right to enter upon and use the land. The owner may agree to accept the deposited money as full payment .and the case will be closed. If the owner is not satisfied with the amount of the deposit he must file an answer or appeal with`the Court in the manner and within the timerspecified on the summons which is served upon him by the Court, requesting the amount due him be determined according to law. He may also apply to the Court to withdraw the deposited money, and the'Court shall permit such withdrawal subject to the rights of other parties in interest. Such withdrawal shall in no way interfere with the owner's right to ha-fe a jury determine the amount to be paid. Interest will not accru~_on ar}x~monex withd~ra~w~.ble:under this procedure. If the money withdrawn from the Court should exceed the final award, the owner will be required to return the excess payment. Should the condemnation proceeding be abandoned by the Department, the Court may order that the owner be reimbursed for his reasonable costs, disbursements, and expenses actually incurred because of the condemnation proceeding. It is desired to emphasize that this is not an arbitrary action, but one designed to protect your legal right as a property owner to have the value of the property independently determined by a jury should you so desire.