65-1-307 - Application for full or just compensation.
§ 65-1-307. Application for full or just compensation.
(1) The person named in the complaint and declaration of taking may apply to the court for disbursement of the money deposited in the court, or any part thereof, as full compensation, or as a credit against just compensation without prejudice to further proceedings in the cause to determine just compensation. Upon such application, the judge, unless there is a dispute as to title, shall order that the money deposited be paid forthwith to the person entitled thereto in accordance with the application. The judge shall have power to make such orders with respect to encumbrances, liens, rents, taxes, assessments, insurance and other charges, if any, as shall be just and equitable.
(2) No notice to the transportation department of the hearing upon the application for disbursement of deposit shall be necessary, but a copy of the order disbursing the deposit shall be served upon the secretary of the transportation commission, or such other process agents as may be designated by the transportation department.
Sources: Laws, 1997, ch. 439, § 4, eff from and after July 1, 1997.