26-504. Same; findings; order appointing appraisers; duties; appeals to supreme court, when.
26-504
26-504. Same; findings; order appointing appraisers;duties; appeals to supreme court, when.If the judge to whom the proceeding has been assigned finds from the petition:(1) The plaintiff has the power of eminent domain; and (2) the taking isnecessary to the lawful corporate purposes of the plaintiff, the judge shallentertain suggestions from any party in interest relating to the appointment ofappraisers and the judge shall enter an order appointing three disinterestedresidents of the county in which the petition is filed, at least two of thethree of whom shall have experience in the valuation of real estate, to viewand appraise the value of the lots and parcels of land found to be necessary,and to determine the damages and compensation to the interested partiesresulting from the taking. Such order shall also fix the time for the filing ofthe appraisers' report at a time not later than 45 days after the entry of suchorder except for good cause shown, the court may extend the time for filing bya subsequent order. The granting of an order determining that the plaintiff hasthe power of eminent domain and that the taking is necessary to the lawfulcorporate purposes of the plaintiff shall not be considered a final order forthe purpose of appeal to the supreme court, but an order denying the petitionshall be considered such a final order.
Appeals to the supreme court may be taken from any final order under theprovisions of this act. Such appeals shall be prosecuted in like manner asother appeals and shall take precedence over other cases, except cases of alike character and other cases in which preference is granted by statute.
History: L. 1963, ch. 234, § 4;L. 1999, ch. 111, § 1;L. 2004, ch. 110, § 6; July 1.