LegalTips.ORG Directory Full Text About us
Alabama Code | California Code | Connecticut Code | Nebraska Code | Texas Code
 
Google
 
Web LegalTips.org


maritime & jones injury law attorney   Official Government Sites
   State of Alabama
   State of Alaska
   State of Arizona
   State of Arkansas
   State of California
   State of Colorado
   State of Connecticut
   State of Delaware
   District-of-Columbia
   State of Florida
   State of Georgia
   State of Hawaii
   State of Idaho
   State of Illinois
   State of Indiana
   State of Iowa
   State of Kansas
   State of Kentucky
   State of Louisiana
   State of Maine
   State of Maryland
   State of Massachusetts
   State of Michigan
   State of Minnesota
   State of Mississippi
   State of Missouri
   State of Montana
   State of Nebraska
   State of Nevada
   State of New-Hampshire
   State of New-Jersey
   State of New-Mexico
   State of New York
   State of North-Carolina
   State of North-Dakota
   State of Ohio
   State of Oklahoma
   State of Oregon
   State of Pennsylvania
   State of Rhode-Island
   State of South-Carolina
   State of South-Dakota
   State of Tennessee
   State of Texas
   State of Utah
   State of Vermont
   State of Virginia
   State of Washington
   State of West-Virginia
   State of Wisconsin
   State of Wyoming

Section 18-1A-22

Offer to purchase at full appraised value; changes in fair market value caused by project or likelihood of acquiring property therefor to be disregarded; reduction in compensation based on benefits which may accrue from use of acquired property; written statement of basis for amount of compensation.

(a) Before commencing a condemnation action, the condemnor shall establish an amount based on an appraisal which it believes to be just compensation therefor and promptly shall submit to the owner an offer to acquire the property for the full amount so established. The amount shall not be less than the condemnor's established amount of just compensation for the property.

(b) In a total taking, the condemnor shall disregard any decrease or increase in the fair market value of the property caused by the project for which the property is to be acquired or by the reasonable likelihood that the property will be acquired for that project, other than normal depreciation.

(c) The amount of compensation to which the owners and other parties interested therein are entitled must not be reduced or diminished because of any incidental benefits which may accrue to them or to their remaining lands in consequence of the uses to which the lands to be taken or in which the easement is to be acquired will be appropriated; provided, that in the condemnation of lands for ways and rights-of-way for public highways, water or sewer lines, the commissioners may, in fixing the amount of compensation to be awarded the owner for lands taken for this use, take into consideration the value of the enhancement to the remaining lands of such owner that such highway, water or sewer lines may cause; and provided further, that in proceedings instituted by water conservancy districts and water management districts, benefits accruing to the landowner from an improvement may be considered and allowed as a setoff against the damages to be awarded, but benefits derived from improvements other than the improvement for which the land is condemned cannot be considered.

(d) The condemnor shall provide the owner of the property with a written statement and summary, showing the basis for the amount it established as just compensation for the property. If appropriate, the compensation for the property to be acquired and for the damages to remaining property shall be separately stated.

(Acts 1985, No. 85-548, p. 802, §203.)



Alabama Code | California Code | Connecticut Code | Nebraska Code | Texas Code
 © 2007 All Rights Reserved. LegalTips.ORG.