57-12-6 - Buildings, structures or other improvements.
57-12-6. Buildings, structures or other improvements.
(1) Where any interest in real property is acquired, an equal interest in all buildings,structures, or other improvements located upon the real property so acquired and which isrequired to be removed from the real property or which is determined to be adversely affected bythe use to which the real property will be put, shall be acquired.
(2) For the purpose of determining the just compensation to be paid for any building,structure, or other improvement required to be acquired under Subsection (1), the building,structure, or other improvement shall be deemed to be a part of the real property to be acquired,notwithstanding the right or obligation of a tenant, as against the owner of any other interest in thereal property, to remove the building, structure, or improvement at the expiration of his term; andthe fair market value which the building, structure, or improvement contributes to the fair marketvalue of the property to be acquired, or the fair market value of the building, structure, orimprovement for removal from the real property, whichever is the greater, shall be paid to thetenant therefor.
(3) Payment for the buildings, structures, or improvements as set forth in Subsection (2)shall not result in duplication of any payments otherwise authorized by state law. No paymentshall be made unless the owner of the land involved disclaims all interest in the improvements ofthe tenant. In consideration for any payment, the tenant shall assign, transfer, and release all hisright, title and interest in and to the improvements. Nothing with regard to this acquisition ofbuildings, structures, or other improvements shall be construed to deprive the tenants of any rightsto reject payment and to obtain payment for these property interests in accordance with other lawsof this state.
Enacted by Chapter 24, 1972 General Session