§ 136-105. Disbursement of deposit; serving copy of disbursing order on Department of Transportation.
§136‑105. Disbursement of deposit; serving copy of disbursing order onDepartment of Transportation.
The person named in thecomplaint and declaration of taking may apply to the court for disbursement ofthe money deposited in the court, or any part thereof, as full compensation, oras a credit against just compensation without prejudice to further proceedingsin the cause to determine just compensation. Upon such application, the judgeshall, unless there is a dispute as to title, order that the money deposited bepaid forthwith to the person entitled thereto in accordance with theapplication. The judge shall have power to make such orders with respect toencumbrances, liens, rents, taxes, assessments, insurance, and other charges,if any, as shall be just and equitable.
No notice to the Department ofTransportation of the hearing upon the application for disbursement of depositshall be necessary, but a copy of the order disbursing the deposit shall beserved upon the Secretary of Transportation, or such other process agents asmay be designated by the Department of Transportation. (1959,c. 1025, s. 2; 1961, c. 1084, s. 3; 1965, c. 55, s. 14; 1969, c. 649; 1973, c.507, s. 5; 1977, c. 464, ss. 7.1, 26.)