26-507. Same; payment of award and vesting of rights; removal of personal property; abandonment.
26-507
26-507. Same; payment of award and vesting ofrights; removal of personal property; abandonment.(a) Payment of award; vesting of rights. If the plaintiff desiresto continue with the proceeding as to particular tracts theplaintiff, within 30 days from the time theappraisers' report is filed, shall pay to theclerk of the district court the amount of the appraisers' award as to thoseparticular tracts and court costs accrued to date, including appraisers'fees. Such payment shall be without prejudice to plaintiff's right toappeal from the appraisers' award. Except as provided further, upon suchpayment being made, the title,easement or interest appropriated in the land condemned shall thereuponimmediately vest in the plaintiff, and it shall be entitled to theimmediate possession of the land to the extent necessary for the purposefor which taken and consistent with the title, easement or interestcondemned. If such property contains a defendant's personal property, adefendant shall have 10 days from the date such payment is made to the clerk ofthe district court to remove such personal property from the premises.The plaintiff shall be entitled to all the remedies provided bylaw for the securing of such possession.The clerk of the district court shall notify the interested parties that theappraisers' award has been paid and that the defendant shall have 10 days fromthe payment date to remove personal property from the premises.
(b) Abandonment. If the plaintiff does not make the paymentprescribed in subsection (a) for any of the tracts described inthepetition, within 30 days, from the time theappraisers' report isfiled, the condemnation is abandoned as to those tracts, and judgment forcosts, including the appraisers' fees together with judgment in favor ofthe defendant for the reasonable expenses incurred in defenseof theaction, shall be entered against the plaintiff. After such payment is madeby the plaintiff to the clerk of the court, as provided in subsection (a), theproceedings as to those tracts for which payment has beenmadecan only be abandoned by the mutual consent of the plaintiff and theparties interested in the award.
History: L. 1963, ch. 234, § 7;L. 2006, ch. 192, § 12; July 1, 2007.