65-1-315 - Appointment of attorney or guardian ad litem.
§ 65-1-315. Appointment of attorney or guardian ad litem.
(1) The judge may appoint some competent attorney to appear for and protect the rights of any party or parties in interest who are unknown or whose residence is unknown and who have not appeared in the proceeding represented by an attorney or agent. The judge shall appoint guardians ad litem for these parties who are minors, incompetents, or other parties who may be under a disability and without general guardian. The judge may make additional parties as he deems necessary to the complete determination of the proceeding and may enter such other orders, either in law or equity, as may be necessary to carry out the provisions of this article.
(2) Upon the coming on of the cause for hearing pursuant to Section 65-1-311, or upon the coming on of the cause for trial, the judge, in order that the material ends of justice may be served, upon his own motion or upon motion of any of the parties thereto and upon proper showing that the effect of condemnation upon the subject property cannot presently be determined, may continue the cause until the highway project under which the appropriation occurred is open to traffic or until such earlier time as, in the opinion of the judge, the effect of condemnation upon the property may be determined.
Sources: Laws, 1997, ch. 439, § 8, eff from and after July 1, 1997.