§ 82-607. Hearing on appraisals.  


Latest version.
  • Any property owner may accept the appraisals in his favor of benefits, made by the appraisers, and shall be construed to have done so unless he shall before the date set for hearing in the notice by publication provided for in the preceding section, file exceptions to said report or to any appraisals of benefits.  All exceptions shall be heard by the court, on the day set for hearing, or in case of necessity on order of the court, beginning not less than twenty (20) nor more than thirty (30) days after the date set for the hearing herein, and determined in advance of other business so as to carry out, liberally, the purposes and needs of the district.  The court may, if it deems necessary, return the report to the Board of appraisers for their further consideration and amendment, and enter its order to that effect, and new notice shall be published as provided herein as to any changes made, but shall not be necessary as to the whole report.  If, however, the appraisal roll as a whole is referred back to the appraisers, the court shall not resume the hearing thereon, but new notice shall be given.  But, the court may, without losing jurisdiction over the roll, or without giving new notice, order the appraisers to recast the roll when the order of the court specified the precise character of the changes thereof.

    The district, by its Board of directors and any property owner may accept the appraisals of damages and of the value of lands to be taken made by the appraisers by filing their written acceptance with the proper court clerk.  And if within thirty (30) days both the district and the said owner or public or private corporation shall not have filed written acceptance as above, the district, through its Board of directors, shall bring condemnation proceedings to acquire the rights appraised as provided for by the condemnation laws of the state.

Laws 1923-24, c. 139, p. 180, § 32; Laws 1963, c. 271, § 9; Laws 1967, c. 382, § 11, emerg. eff. May 23, 1967.