§ 39-15-8 - Jury trial on damages.
SECTION 39-15-8
§ 39-15-8 Jury trial on damages. –Upon the payment of the fees provided in § 39-15-7, the clerk of thesuperior court shall open the report of the commissioners, and the report maybe examined by any person interested in the report. Any person or partyaggrieved by any award of damages by the commissioners may claim a jury trialupon any item of damages thereby awarded, and may file his or her claim for thetrial at any time within three (3) months from the opening of the report. Theclaim shall stand for trial by jury upon a proper issue based upon the claim,as other cases upon the docket of the court, and shall be tried in the court inevery respect as other cases are there tried, including the right to object torulings and to move for new trials for cause; and execution may be awardedthereon as in other cases; but if the party claiming the jury trial shall nottherein obtain an award for damages more favorable to him or her than thatgiven by the commissioners, he or she shall pay costs to the adverse party.