| §1903.__Procedure in exercise of right of eminent domain |
|
| | The right of eminent domain granted in section 1902 may only | be exercised after complying with the following procedures. |
|
| | 1. Notice to owner.__The jail authority shall provide notice | to the owner of property subject to seizure as follows. |
|
| A.__The owner or owners of record shall be: |
|
| (1)__Notified that the directors are exercising the | right of eminent domain; |
|
| (2)__Provided with a description and scale map of the | land or easement to be taken; |
|
| (3)__Presented with the final amount offered for the | land or easement to be taken, based on the fair | market value as estimated by the jail authority; and |
|
| (4)__Notified of the time and place of the hearing | under subsection 4. |
|
| (1)__By personal service in hand by an officer duly | qualified to serve civil process in this State; or |
|
| (2)__By certified mail, return receipt requested, to | the last known address of the owner or owners. |
|
| C.__If the owner or owners are not known or if the owner | or owners can not be notified by personal service or | certified mail, notice may be given by publication in the | same manner under subsection 4. |
|
| | 2.__Notice to tenant.__Notice under subsection 1 must be | given to any tenants in the same manner as for the owner of | the property. |
|
| | 3.__Notice to the affected municipality.__Notice under | subsection 1 must be given to the municipality in which the | property to be acquired is located in the same manner as for | the owner of the property and must be addressed to the | municipal officers. |
|
| | 4.__Hearing.__The directors shall hold a public hearing on | the advisability of the proposed exercise of the right of | eminent domain.__Notice of the hearing must be made by | publication in a newspaper of general circulation in the area | of the taking and |
|
|