523.061. Determination of homestead taking and heritage value.
Determination of homestead taking and heritage value.
523.061. After the filing of the commissioners' report pursuant tosection 523.040, the circuit judge presiding over the condemnationproceeding shall apply the provisions of section 523.039 and shalldetermine whether a homestead taking has occurred and shall determinewhether heritage value is payable and shall increase the commissioners'award to provide for the additional compensation due where a homesteadtaking occurs or where heritage value applies, in accordance with the justcompensation provisions of section 523.039. If a jury trial of exceptionsoccurs under section 523.060, the circuit judge presiding over thecondemnation proceeding shall apply the provisions of section 523.039 andshall determine whether a homestead taking has occurred and shall determinewhether heritage value is payable and shall increase the jury verdict toprovide for the additional compensation due where a homestead taking occursor where heritage value applies, in accordance with the just compensationprovisions of section 523.039.
(L. 2006 H.B. 1944)