§ 11-37-105. Condemnation procedure for acquiring land for waterworks.

A municipality is vested with the power of eminent domain for the purpose of acquiring lands for the location and building or enlargement of waterworks.  The proceedings for the condemnation thereof, including the notices, appointment of commissioners, assessment of damages, possession, payment of compensation and appeals, shall be the same as is provided by law for the condemnation of lands for railroad purposes.  It shall not be necessary in such condemnation proceedings to allege or prove any negotiations for the purchase of any lands or interests therein with:

1.  The owner or owners or claimants of any property sought to be condemned, where such ownership does not appear clearly from the title records in the office of the county clerk of the county where the lots or lands are situated; or

2.  The heirs of the person or persons who appear from such records to be the owner or owners, or persons who hold or claim under such heirs, and the lands have not been partitioned at the time the petition to condemn is filed.

The notice of application for appointment of commissioners to assess damages in condemnation proceedings may be given by publication as provided by law regulating the condemnation of lands for railroad purposes for notice to nonresidents.

Laws 1977, c. 256, § 37-105, eff. July 1, 1978.