70-30-303. Final report and award of condemnation commissioners -- procedure on failure to agree.
70-30-303. Final report and award of condemnation commissioners -- procedure on failure to agree. (1) The report of the condemnation commissioners must be made on forms that are provided for their use by the court. The report must be filed within 10 days after the completion of the hearing or within any additional time allowed by the judge upon a clear showing of necessity. The report must be filed with the clerk of court. The clerk shall notify the parties that the report has been filed. The notice, together with a copy of the report, must be served upon all the parties in the same manner as a summons.
(2) A concurrence of two commissioners is necessary to the making of a final report or award as to any parcel of property or interest in a parcel of property. If two of the commissioners are unable to agree as to the amount of any award, the commissioners shall report the fact to the judge or court within the time specified in subsection (1) and the court shall impanel and appoint new commissioners. The new commissioners shall proceed as provided in this part to determine any award upon which the previous commissioners failed to agree.
(3) The report of the commissioners must include a statement of the number of days or portions of days worked by the commissioners in performance of their duties.
History: En. Sec. 2223, C. Civ. Proc. 1895; re-en. Sec. 7343, Rev. C. 1907; re-en. Sec. 9946, R.C.M. 1921; re-en. Sec. 9946, R.C.M. 1935; amd. Sec. 6, Ch. 234, L. 1961; R.C.M. 1947, 93-9914; amd. Sec. 27, Ch. 115, L. 1979; amd. Sec. 68, Ch. 125, L. 2001.