§ 37-6.1-6 - Effect on eminent domain proceedings.
SECTION 37-6.1-6
§ 37-6.1-6 Effect on eminent domainproceedings. – (a) The payments authorized in this chapter shall not be construed as creatingin any condemnation proceeding brought under the power of eminent domain anyelement of damages not in existence on August 23, 1968, and the payments are tobe in addition to the just compensation established in condemnation proceedingsbut only to the extent that they are not otherwise included within thecondemnation award.
(b) In any condemnation proceedings where the director oftransportation has, previous to an award made by the court, made available tothe displaced person a portion of the fair market value of the acquiredproperty, the payment authorized in subsection (a) of § 37-6.1-4 may bealtered to reflect any change in the fair market value as may thereafter beestablished in the condemnation proceedings by the court. In any case where thedirector of transportation had made an advance payment and the amount payableunder subsection (a) of § 37-6.1-4 is reduced by virtue of thedetermination of a higher fair market value by the court in the condemnationproceedings, the director of transportation may set off in the condemnationproceeding the amount by which the payment should be reduced against anyadditional sums payable to the displaced person under the terms of the award inthe condemnation proceeding.