Current with legislation from 2024 Fiscal and Special Sessions.
Section 18-15-605 - Damages - Deposits(a) The further proceedings in the matter of assessment of damages and the making of deposits to secure the owner shall be the same as is now prescribed by law in reference to condemnation proceedings by railroad, telegraph, and telephone corporations, except that the measure of damages shall be the fair market value of the condemned property at the time of the filing of the petition by the corporation or water association as may be determined by law.(b) In the case of application for orders of immediate possession by the corporation or water association, if the amount awarded by the jury exceeds the amount deposited by the corporation or water association in an amount which is more than twenty percent (20%) of the sum deposited, the landowner shall be entitled to recover the reasonable attorney's fees and costs.Acts 1895, No. 126, § 6, p. 183; C. & M. Dig., § 4039; Pope's Dig., § 5041; A.S.A. 1947, § 35-406; Acts 1995, No. 1207, § 3; 1999, No. 55, § 1.