§ 39-6-33 - Determination of price to be paid.
SECTION 39-6-33
§ 39-6-33 Determination of price to bepaid. – If the railroad shall agree with the acquiring authority upon the sum to bepaid, and the price shall be approved by the state properties committee, thesum agreed shall be paid to the railroad upon delivery of proper instruments ofconveyance. If no agreement as to the price to be paid is reached within oneyear following the abandonment, then within six (6) months thereafter, or ifthe abandoned right of way has not been disposed of otherwise, then at any timethereafter, the acquiring authority may petition the superior court for one ofthe counties in which the land is situated for an assessment by a judge thereofof the fair value to be paid for the estate or interest in the land. A hearingon the petition shall be conducted as other civil actions, and either partyshall have the right to appeal the decision as provided by law. Within thirty(30) days after a final judgment is entered, the acquiring authority shalltender payment in accordance therewith to the railroad and receive properinstruments of conveyance. If the acquiring authority shall fail to make tenderwithin the time allowed, the railroad shall be at liberty to dispose of theland or any estate or interest therein in any manner it shall see fit.