26-505. Same; appraisers' oath, instructions, reports and notification to condemner; notice to interested persons by condemner; fees and expenses.
26-505
26-505. Same; appraisers' oath, instructions,reports and notificationto condemner; notice to interested persons by condemner; fees andexpenses.After such appointment, theappraisers shall take an oath to faithfullydischarge their duties as appraisers. The judge shall instruct the appraiserson matters including, but not limited to, thefollowing:(1) That they are officers of the court and not representatives of theplaintiff or any other party, (2) that they are to receive theirinstructionsonly from the judge, (3)thenature of theirduties and authority, (4) the basis, manner andmeasure ofascertaining the value of the land taken and damages resultingfrom such taking, (5) that, except for incidental contact for the purpose ofverifying factualinformation relating to the subject real estate or to discuss schedulingmatters, appraisers shall refrain from any ex parte meetings ordiscussions with representatives of the plaintiff or property owner withoutfirst advising the adverse party and providing such party with the opportunityto be present, and (6) that all written material provided to an appraiser orappraisers by a party shall be provided forthwith to the adverse party.The instructions shall be in writing.Upon the completion of their work theappraisers shall file the report in the office of the clerkof thedistrict court and shall notify thecondemner ofsuch filing. The condemner, within three days afterreceivingsuch notice, shall mail a written notice of the filing of such report toeveryperson who owns any interest in any of the property being taken, if theaddress of such person is known, and shall file in the office of the clerkof the district court an affidavit showing proof of the mailing of suchnotice. The fees and expenses of the appraisers shall be determined andassessed by the court against the plaintiff.
History: L. 1963, ch. 234, § 5;L. 1968, ch. 138, § 1;L. 1999, ch. 111, § 2;L. 2006, ch. 192, § 6; July 1, 2007.