1-16H-31.3. Declaration of taking--Contents.
172 words·~1 min read·
/sd/title-1/chapter-1-16/1-16h-31-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In any proceeding initiated under this chapter and chapter 21-35 , the authority may, at any time before final judicial determination of the rights of the parties, file a declaration of taking, signed by the authority, declaring the extent of the subsurface property interest taken for the use of the authority.
The declaration of taking shall contain:
(1)A statement of the authority under which and the use for which the subsurface property interest is taken;
(2)A description of the subsurface property interest taken sufficient for identification thereof;
(3)A legal description of the subsurface property subject to or affected by the taking;
(4)The names of the owners of the property or persons in interest in the subsurface property, and a description of the interest claimed by each, as are known;
(5)A statement of the sum of money estimated by the authority to be just compensation for the subsurface property interest taken and damaged; and
(6)A detailed appraisal upon which the amount of the authority's estimate is based.