12-1153. Final judgment; hearing objections to findings or report; proceedings upon rejection of report; vesting of property

344 words·~2 min read·/az/title-12/12-1153

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. If no objections are filed to the special master's report, the court, but only on motion of plaintiff unless title to the property has vested in plaintiff, shall enter a final judgment fixing the compensation to be paid for the property and the persons entitled thereto. If objections are filed to the special master's report, the court on the date specified in the notice provided for by section 12-1152, shall hear and determine such questions of law and fact as are raised by the exceptions, and may approve, disapprove or modify the special master's findings or may reject the special master's report in its entirety.

B. If the special master's report is rejected in its entirety, the court shall at once appoint another special master in the same manner the first special master was appointed, and he shall have the same powers and duties as the special master first appointed, except that notice of the time for filing claims and the hearing thereon may be given by registered mail to all persons who have appeared in the proceedings, or their attorneys of record, at their last known addresses, and no other notice shall be necessary.

C. If the court approves the special master's report with or without modifications, the court, but only on motion of plaintiff unless title to the property has previously vested in plaintiff, shall enter a final judgment fixing the compensation to be paid for the property and the persons entitled thereto.

D. If title to the property has not previously been vested in plaintiff, the title and right to possession of the property shall vest in plaintiff immediately upon entry of the final judgment and upon deposit in court by plaintiff of the amount of the judgment fixed by the court as the compensation for such property. Upon entry of the judgment and vesting of title, the court shall designate the day, not exceeding thirty days thereafter except upon good cause shown, on which the parties in possession of the property shall be required to surrender possession to plaintiff.