26-518. Acquisition of real property; duties of condemning authority.

26-518

Chapter 26.--EMINENT DOMAIN
Article 5.--PROCEDURE ACT

      26-518.   Acquisition of real property; duties ofcondemning authority.Whenever federal funding is not involved, and real propertyis acquired by any condemning authority through negotiation in advance of acondemnation action or through a condemnation action, and which acquisitionwill result in the displacement of any person, the condemning authority shall:

      (a)   Provide the displaced person, as defined in the federal uniformrelocationassistance and real property acquisition policies act of 1970, fair andreasonable relocation payments and assistance to or for displaced persons.

      (b)   Fair and reasonable relocation payments and assistance to or fordisplaced persons as provided under sections 202, 203 and 204 of the federaluniform relocation assistance and real property acquisition policies act of1970, andamendments thereto, shall be deemed fair and reasonable relocation payments andassistance pursuant to this section.

      (c)   Nothing in this section shall preclude the voluntary negotiation of fairand reasonable relocation payments and assistance between the displaced personand condemning authority. If such negotiations lead to agreement between thedisplaced person and the condemning authority, that agreement shall be deemedfair and reasonable.

      History:   L. 2003, ch. 106, § 4; July 1.