§651-70 - Service of petition and notice of hearing; effects of failure to serve; appointment of appraisers.
[§651-70] Service of petition and notice of
hearing; effects of failure to serve; appointment of appraisers. Within
ninety days from the date of filing the petition, a copy thereof, with the
notice of the time and place of hearing, shall be served personally by any
person over the age of majority and by certified mail, return receipt
requested, upon the claimant or the claimant's attorneys at least ten days
before the hearing, then upon affidavit or refusal of such services or
inability to locate upon diligent search and inquiry, by publication once in a
newspaper of general circulation in the State at least twenty days before the
hearing. If the notice is not served, the lien of the execution shall cease at
the expiration of the ninety-day period, and no execution based upon the same
judgment shall thereafter be levied upon the real or personal property.
At the hearing the court may, upon proof of the
service of a copy of the petition and notice, and of the facts stated in the
petition, appoint one to three disinterested residents of the county in which
the property is situated to appraise the value of the real or personal
property. [L 1976, c 136, pt of §3; gen ch 1985]