78B-6-517. Substitution of bond for deposit paid into court -- Abandonment of action by condemner -- Conditions of dismissal.
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78B-6-517. Substitution of bond for deposit paid into court -- Abandonment of action by condemner -- Conditions of dismissal.
In the event that no order is entered by the court permitting payment of the deposit on account of the just compensation to be awarded in the proceeding within 30 days following its deposit, the court may, on application of the condemning authority, permit the substitution of a bond in an amount and with sureties as determined and approved by the court. Condemner, whether a public or private body, may, at any time prior to final payment of compensation and damages awarded the defendant by the court or jury, abandon the proceedings and cause the action to be dismissed without prejudice, provided, however, that as a condition of dismissal condemner first compensate condemnee for all damages he has sustained and also reimburse him in full for all reasonable and necessary expenses actually incurred by condemnee because of the filing of the action by condemner, including attorney fees.
Renumbered and Amended by Chapter 3 , 2008 General Session