After
the Award is filed, the condemning entity may take possession of the property
being condemned, even if either party appeals the Award of the special
commissioners. To take possession of the property, the condemning entity
must either pay you the amount of the Award or deposit the amount of the Award
into the registry of the court. You have the right to withdraw the
deposited funds from the registry of the court.
Objection to the Special Commissioners' Award
If either you or the condemning entity is dissatisfied with the amount of
the Award, either party can object to the Award by filing a written statement of
objection with the court. If neither party timely objects to the Award,
the court will adopt the Award as the final judgment of the court. If a
party timely objects to the special commissioners' Award, the court will hear
the case in the same manner as other civil cases.
If you object to the Award and ask the court to hear the matter, you have
the right to a trial by judge or jury. The allocation of costs is handled
in the same manner as with the special commissioners' Award. After that
trail, either party may appeal any judgment entered by the court.
Dismissal of the Condemnation Action
A condemning entity may file a motion to dismiss the condemnation proceeding if
it decides it no longer needs your property. If the court grants the
motion to dismiss, the case is over and you are entitled to recover reasonable
and necessary fees for attorneys, appraisers, photographers, and for other
expenses incurred to the date of the hearing on the motion to dismiss.
You may also file a motion to dismiss the condemnation proceeding on the
ground that the condemning entity did not have the right to condemn the
property, including a challenge as to whether the property is being taken for a
public use. If the court grants your motion, the court may award you
reasonable and necessary fees for attorneys, appraisers, photographers, and for
other expenses incurred to the date of the hearing or judgment.
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