§ 6-71-140 - Acquisition of private property.
6-71-140. Acquisition of private property.
(a) In the event that the special improvement district fails to obtain, by agreement with the owner, property for the improvement or the right thereto, it may apply to the circuit court of the county in which the property is assessed, giving the owner of such property at least ten (10) days' notice in writing of the time and place where the petition will be heard.
(b) The petition shall, as nearly as may be, describe the real estate which is sought and for which damages are asked to be assessed, whether improved or unimproved, and be sworn to by one (1) of the commissioners.
(c) It shall be the duty of the court to impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation which the district shall pay, and the matter shall proceed and then be determined as in other civil causes.
(d) The amount of damages to be paid the owner of the lands for the use of such district shall be determined and assessed irrespective of any benefit the owner may receive from any improvement proposed by such district.
(e) In all cases where damages for the site of expansion for the use of the district have been assessed in the manner hereinbefore provided, it shall be the duty of such improvement district to deposit with the court or pay to the owners the amount so assessed and pay such costs as may, in the discretion of the court, be adjudged against it, within thirty (30) days after such assessment; whereupon it shall and may be lawful for such special improvement district to enter upon and use such lands forever.
(f) Where the determination of questions in controversy in such proceedings is likely to retard the progress of the work on the special improvement, the court or judge, in vacation, shall designate an amount of money to be deposited by such district, subject to the order of the court, for the purpose of making compensation when the amount thereof shall have been assessed as aforesaid, and the judge shall designate the place of such deposit.
(g) Whenever a deposit shall have been made in compliance with the order of the court or judge, it shall be lawful for such district to enter upon the land and proceed with its work through and over the land in controversy prior to the assessment and payment of damages for the use and right to be determined as aforesaid.