Certificates of damages; disputes as to whom damages should be
paid; injunction
Sec. 15. (a) Upon completion of the award of damages or
whenever any time for delay as provided has expired, the works
board shall make out certificates for the proper amounts and in favor
of the proper persons. Presentation of the certificates to the fiscal
officer of the municipality entitles the person to a warrant on the
fiscal officer or the county treasurer. The certificates or vouchers
shall, whenever practicable, be actually tendered to the persons
entitled to them, but when this is impracticable, they shall be kept for
the persons in the office of the works board. The making and fixing
of the certificate is a valid and effectual tender to the person entitled
to it, and the certificate must be delivered to that person on request.
(b) If a dispute or doubt arises as to which person the money shall
be paid, the works board shall make out the certificate in favor of the
municipality's attorney for the use of the persons entitled to it. The
attorney shall draw the money and pay it into court in a proper
proceeding, requiring the various claimants to interplead and have
their respective rights determined.
(c) If an injunction is obtained because damages have not been
paid or tendered, the works board may tender the certificate for the
amount with interest from the time of entry upon the property, if any
has been made, including all accrued costs. The injunction shall then
be dissolved. The pendency of an appeal does not affect the validity
of a tender made under this section, but the municipality may
proceed with its acquisition of the property in question. However,
when a lot or parcel has sustained both benefits and damages because
of improvements as stated in the assessment list, only an excess of
damages awarded over benefits assessed is payable under this
section.
As added by P.L.2-2002, SEC.9.
Last modified: May 24, 2006