Otherwise, the claim can be filed in any
county where at least part of the property being condemned is located. The
claim must describe the property being condemned, the intended public use, the
name of the landowner, a statement that the landowner and the condemning entity
where unable to agree on the value of the property, and that the condemning
entity provided the landowner with the Landowner's Bill of Rights statement.
Special Commissioners' Hearing
After the condemning entity files a claim in court, the
judge will appoint three landowners to serve as special commissioners.
These special commissioners must live in the county where the condemnation
proceeding is filed, and they must take an oath to assess the amount of adequate
compensation fairly, impartially, and according to the law. The special
commissioners are not authorized to decide whether the condemnation is necessary
or if the public use is proper. After being appointed, the special
commissioners must schedule a hearing at the earliest practical time and place
and provide you written notice of that hearing.
You are required to disclose to the governmental condemning entity, at
least ten days before the special commissioners' hearing, any appraisal reports
used to determine your opinion about adequate compensation for the property.
You may hire an appraiser or real estate professional to help your determine the
value of your private property. You may also hire an attorney regarding
these proceedings.
At the hearing, the special commissioners will consider evidence on the
value of the property, the damages to remaining property, any value added
to the remaining property as a result of the project, and the uses to be made of
the property being taken.
Special Commissioners' Award
After hearing evidence from all interested parties, the special
commissioners will determine the amount of money to be awarded as adequate
compensation. You may be responsible for the costs if the Award is less
than or equal to the amount the condemning entity offered before the
condemnation proceeding began. Otherwise, the condemning entity will be
responsible for the costs. The special commissioners will give a written
decision to the court that appointed them. That decision is called the
"Award." The Award must be filed with the court and the court must send
written notice of the Award to all parties.
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