12-1127. Possession by plaintiff after
judgment or pending appeal; receipt of payment as abandonment;
custody of money paid into court; costs of new trial
A. At any time after judgment is entered, or pending an appeal from the judgment to
the supreme court, when plaintiff has paid into court for defendant or defendants the
full amount of the judgment, and such other amounts as required by the court as a fund to
pay further damages and costs which may be recovered in the proceedings, as well as all
damages that may be sustained by defendant or defendants if for any cause the property is
not finally taken for public use, the superior court in which the action was tried may,
upon notice of not less than ten days, authorize plaintiff, if already in possession, to
continue therein, or if not, then to take possession of and use the property until final
conclusion of the litigation, and may, if necessary, stay all actions and proceedings
against plaintiff on account thereof.
B. The defendant or defendants who are entitled to the money paid into court upon
any judgment may demand and receive the money at any time thereafter upon an order of the
court. The court shall, upon application, order the money so paid into court delivered
to the party entitled thereto upon his filing either a satisfaction of the judgment or a
receipt for the money, and an abandonment of all defenses to the action or proceeding
except as to the amount of damages to which he may be entitled if a new trial is
granted. Such payment shall be deemed an abandonment of all defenses, except the party's
claim for greater compensation.
C. The money paid into court on final judgment may be placed by order of court in
the custody of the clerk or state treasurer to be held or disbursed upon order of court,
and plaintiff and such officers shall be subject to the same responsibility, liabilities
and restrictions with respect thereto as provided in this article when money is paid into
court by plaintiff upon application for possession before trial.
D. When a new trial is granted upon application of a defendant, and he fails upon
the trial to obtain greater compensation than was allowed upon the first trial, the costs
of the new trial shall be taxed against him.
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