12-1145

12-1145. Notice of proceedings; effect of
filing notice

A. Notice of the action shall be given by one publication in a newspaper having a
general circulation in each county in which any part of the property sought to be
condemned is located. The notice shall be published at least twenty and not more than
thirty days prior to the date set for the hearing on the validity of the
proceedings. The notice shall be in substantially the following form:

"TO WHOM IT MAY CONCERN:

Notice is hereby given that _______________ (here insert name of plaintiff) has
filed a complaint in the above court under the laws relating to the condemnation of real
property for public works projects to acquire by condemnation for +++++++++++ (here give
brief general description of the public works project for which the land is sought to be
acquired), the following described land:

(Here describe the land sufficiently for identification thereof. The description may
be by a plat or map.)

Notice is further given that on ____________ (here insert date of hearing, which
must be at least twenty days and not more than thirty days after the date of publication)
there will be a hearing in this court, at the opening thereof, for the following
purposes:

1. To determine the validity of the action and the right of plaintiff, if it so
elects, to take title to and possession of such property prior to final judgment, as
authorized by section 12-1155, and any persons having an interest in or lien upon the
above described property shall be deemed to have waived their rights thereafter to object
to the court's decision with respect to such issue, unless prior to that date they have
filed in writing with the clerk of the court their objection thereto.

2. To consider the appointment of a special master to determine the compensation to
be awarded for such property and the persons entitled thereto, unless written demand for
a jury is filed with the court before the date of hearing, in which event the
compensation to be awarded to the person filing such demand shall be ascertained by jury
trial and not by special master.

3. Fixing the date and place at which the special master will hear and determine
the compensation to be paid for such property and the person entitled thereto.

Notice is further given that all claims or demands for compensation because of the
taking and condemnation of such property shall be filed with the above court before
_____________ (here insert a date fifteen days after the date above specified for the
court hearing), or the compensation will be deemed waived.

Dated the _________________ day of ___________________

_______________________

Clerk of the court"

B. Notice of the action shall also be given:

1. By posting a copy of the notice in conspicuous places on the real property
sought to be condemned.

2. By filing a copy of the notice in the office of the clerk of the court in which
such proceedings are pending.

3. By filing, in the same manner as lis pendens is filed, a copy of the notice in
the office of the county recorder in each county in which any part of the real property
is located.

C. The publication, posting and filing shall constitute legal and sufficient notice
of the action to all persons having any interest in or lien upon the property described
in the notice. Filing of the notice in the office of the county recorder shall be
constructive notice of the proceedings to all persons who subsequently acquired an
interest in or lien upon the property, and plaintiff shall take all property condemned
under this article free of the claims of such persons.