(a) (1) Circuit judges of all counties in which it becomes necessary to condemn right-of-way for the purpose of constructing levees, ditches, drains, or canals, upon the application of the president or secretary of any levee or drainage district, shall appoint three (3) disinterested resident landholders of the county, to be known as appraisers, to assess damages for the appropriation of land for levee and drainage purposes.
(2) The appraisers shall hold their offices for the term of one (1) year and until their successors are duly appointed and qualified. In the event of a vacancy in the office or the removal by an appraiser from the county for which he or she was appointed, then it shall be the duty of the circuit judge, as soon as notified of the vacancy, to fill the unexpired term of the office by appointment.
(3) The appointment shall be made in writing by the circuit judge of the county in which it is necessary to construct a levee, ditch, canal, or drain and shall be filed with the circuit court clerk by the judge, who shall record the appointment in a book to be kept by him or her for that purpose.
(b) (1) The appraisers shall each take an oath before the clerk of the circuit court in their respective counties that they will make a just and true award of the compensation to be paid any landholder, or other person.
(2) The oath shall be recorded in the book provided for the record of the appointment of the appraisers and shall authorize the appraisers severally to enter upon the discharge of their respective duties.
(c) The compensation shall be:
(1) The cash market value of the lands appropriated or intended to be appropriated for either levee, drain, ditch, or canal purposes;
(2) The damage resulting to other lands of the same tract or obstruction to natural drainage, not exceeding the cost of artificial drainage, and the inconvenience, if any, of crossing either the levees, ditches, canals, or drains, from one (1) portion of the tract of land to the other; and
(3) The value of crops and houses on the right-of-way, or the cost of moving the houses.
(d) (1) In the event one (1) or more of the appraisers who may be appointed under the provisions of this section shall be interested in any property to be condemned, the interested appraisers shall not act in the condemnation of the property.
(2) If one (1) or more of the appraisers shall refuse or neglect to act, it shall be the duty of the circuit judge to appoint another appraiser, whose appointment shall be recorded the same as the regular appraiser and who shall take the same oath of office.
Section: Previous 18-15-1002 18-15-1003 18-15-1004 18-15-1005 18-15-1006 18-15-1007 18-15-1008 18-15-1009 18-15-1010 18-15-1011 NextLast modified: November 15, 2016