ยง516-56 - Eminent domain trial.
ยง516-56ย Eminent domain trial.ย The
parties to the eminent domain action brought under this chapter shall be the corporation
as plaintiff and the lessees and all other necessary parties as defendants.ย
The corporation does not have the burden of proof in establishing the fair
market value of the leased fee interest being acquired.ย Instead, all parties,
including the corporation, shall be given an opportunity to present evidence of
the fair market value of the leased fee interest being acquired. [L 1983, c
203, ยง3; am L 1987, c 337, ยง16; am L 1988, c 104, ยง2; am L 1991, c 154, ยง1; am
L 2005, c 196, ยง26(b); am L 2006, c 180, ยง16]
Case Notes
ย Pursuant to this section, defendant, because defendant was a
lessee of disputed property, was named as co-defendant in condemnation action;
defendant had standing to move to set aside the action in which defendant was
named a party.ย 77 H. 144, 883 P.2d 65.