Chapter 42 - Actions and Proceedings Relating to Property.
- Article 1 - Eminent Domain Generally, 42-1-1 through 42-1-40.
- Article 2 - Special Alternative Condemnation Procedure, 42-2-1 through 42-2-24.
- Section 42-2-1 - Declaration of intent.
- Section 42-2-10 - Intervention.
- Section 42-2-11 - Election of trial by court or jury.
- Section 42-2-12 - Time of trial.
- Section 42-2-13 - Argument.
- Section 42-2-14 - Default.
- Section 42-2-15 - Verdict and judgment.
- Section 42-2-16 - Proof of payment; recording judgment.
- Section 42-2-17 - Purpose of act.
- Section 42-2-18 - Application of Rules of Civil Procedure.
- Section 42-2-19 - Disqualification of judge; effect.
- Section 42-2-2 - Definitions.
- Section 42-2-20 - Waiver of bond.
- Section 42-2-21 - Costs.
- Section 42-2-22 - Flood control; appropriation of land; compensation for immediate use.
- Section 42-2-23 - Condemnation of property in excess of need; sale to prior owner; price.
- Section 42-2-24 - Exclusion of certain property.
- Section 42-2-3 - Purpose.
- Section 42-2-4 - Authority to acquire.
- Section 42-2-5 - Petition.
- Section 42-2-6 - Preliminary order of entry.
- Section 42-2-7 - Service; personal or by publication.
- Section 42-2-8 - Contents of answer.
- Section 42-2-9 - Time for answering.
- Article 3 - Relocation Assistance, 42-3-1 through 42-3-15.
- Section 42-3-1 - Short title.
- Section 42-3-10 - Compensation for expenses of inverse condemnation.
- Section 42-3-11 - Advisory assistance program.
- Section 42-3-12 - Housing replacement as a last resort.
- Section 42-3-13 - Implementing regulations.
- Section 42-3-14 - Administrative hearings; court review.
- Section 42-3-15 - Contingent authority of act.
- Section 42-3-2 - Definitions.
- Section 42-3-3 - Relocation program.
- Section 42-3-4 - Administration.
- Section 42-3-5 - Relocation payments.
- Section 42-3-6 - Additional payment to property owner.
- Section 42-3-7 - Additional payment to tenant.
- Section 42-3-8 - Miscellaneous payments.
- Section 42-3-9 - Reimbursement for expenses where condemnation does not result in acquisition or is abandoned.
- Article 4 - Ejectment and Recovery of Real Property, 42-4-1 through 42-4-30.
- Section 42-4-1 - When ejectment maintainable.
- Section 42-4-10 - Title expiring pendente lite; judgment.
- Section 42-4-11 - Judgment for plaintiff.
- Section 42-4-12 - Writ of possession.
- Section 42-4-13 - Execution; judgment for damages and costs.
- Section 42-4-14 - Improvements and mesne profits; time; claims; notices.
- Section 42-4-15 - Improvements and mesne profits; verdict; set-off; judgment; payment by plaintiff before obtaining writ of possession.
- Section 42-4-16 - Improvements exceeding mesne profits; election by plaintiff; tender of deed; payment to plaintiff.
- Section 42-4-17 - Remedy of person deprived of possession of improvements; time; value; lien.
- Section 42-4-18 - Possession of improvements taken; liability for value; abandonment excepted; specific and general lien.
- Section 42-4-19 - Sale of improvements.
- Section 42-4-2 - Wrongful ouster and detention of realty or mining claim.
- Section 42-4-20 - Reversionary clause in deed; improvements; liens; waiver of claim.
- Section 42-4-21 - Mine or mining claim; contested application for patent; ejectment maintainable regardless of possession.
- Section 42-4-22 - Special verdict or findings; entry on mining land pending suit.
- Section 42-4-23 - Working mine pending suit; waste.
- Section 42-4-24 - Assessment work pending suit; retention of ore.
- Section 42-4-25 - Effect of performing assessment work pending suit.
- Section 42-4-26 - Measurements and surveys of mine pending suit; authorization; expenses.
- Section 42-4-27 - Who may enter for measurements and surveys.
- Section 42-4-28 - Notice of desire to enter mine.
- Section 42-4-29 - Refusing entry; court may exclude evidence, render judgment or assist entry; costs.
- Section 42-4-3 - Principles apply to equity suits.
- Section 42-4-30 - Evidence of measures and surveys.
- Section 42-4-4 - Parties to action.
- Section 42-4-5 - Contents of complaint.
- Section 42-4-6 - Defendant's pleadings; plaintiff's reply.
- Section 42-4-7 - Ultimate facts authorizing recovery.
- Section 42-4-8 - Action between cotenants; ouster to be shown.
- Section 42-4-9 - Rents and profits recoverable as damages.
- Article 5 - Partition, 42-5-1 through 42-5-9.
- Section 42-5-1 - Complaint; prayer.
- Section 42-5-2 - Parties to action.
- Section 42-5-3 - Unknown persons made parties.
- Section 42-5-4 - Intervention.
- Section 42-5-5 - Decree; binding effect.
- Section 42-5-6 - Commissioners; appointment; qualifications; oath; partition of land; report.
- Section 42-5-7 - Finding that property cannot be partitioned; appraisal; report of commissioners; contest of report; hearing; sale.
- Section 42-5-8 - Allocation of costs of partition; definition.
- Section 42-5-9 - Death of party does not abate suit.
- Article 6 - Quieting Title, 42-6-1 through 42-6-17.
- Section 42-6-1 - By and against whom action may be brought; several tracts may be included in one action.
- Section 42-6-10 - Attorneys' fees payable in land; suit by attorney; intervention in other actions; partition.
- Section 42-6-11 - Joint owners; share in expenses of suit; lien on property of co-owners; interest; no exemption.
- Section 42-6-12 - Consent of state in quiet title and foreclosure suits.
- Section 42-6-13 - Method of service on state; answer.
- Section 42-6-14 - Judicial sale; alternative remedies and priorities of state.
- Section 42-6-15 - Release of lien held by state.
- Section 42-6-16 - State exempt from payment of costs or money judgment.
- Section 42-6-17 - Effect of decree against state.
- Section 42-6-2 - Complaint; parties; unknown claimants.
- Section 42-6-3 - Numerous claimants; suit by committee.
- Section 42-6-4 - Committee may make contracts; binding effect.
- Section 42-6-5 - Manner of appointment of committee; effect of appointment; persons not appointing committee made defendants; unknown claimants.
- Section 42-6-6 - Joinder of parties plaintiff.
- Section 42-6-7 - Disclaimer; costs; default.
- Section 42-6-8 - Mines deemed real estate.
- Section 42-6-9 - Equitable procedure.
- Article 7 - Specific Performance, 42-7-1 through 42-7-4.
- Article 8 - Replevin, 42-8-1 through 42-8-22.
- Section 42-8-1 - Right of action; purpose of remedy.
- Section 42-8-10 - Manner of executing writ.
- Section 42-8-11 - Judgment against plaintiff and sureties; value plus damages; option of defendant.
- Section 42-8-12 - Property not returned and accepted; collection of value.
- Section 42-8-13 - Officer damnified; suit on bond.
- Section 42-8-14 - Defendant may sue on bond in name of officer.
- Section 42-8-15 - Liability of sheriff for failure to take sufficient bond from plaintiff.
- Section 42-8-16 - Form of affidavit.
- Section 42-8-17 - Form of bond.
- Section 42-8-18 - Approval of bond; issuance of writ.
- Section 42-8-19 - Motion to dissolve; damages.
- Section 42-8-2 - Cross-replevin; property in hands of officer.
- Section 42-8-20 - Docketing; proceedings in district court.
- Section 42-8-21 - Defendant may keep property on giving forthcoming bond; time; parties; condition.
- Section 42-8-22 - Forthcoming bond; approval; return with writ to district court; additional security; sheriff's liability.
- Section 42-8-3 - Replevin against officer; authorization; additional affidavit; third party may intervene and give forthcoming bond.
- Section 42-8-4 - Remedy against corporation same as against individual.
- Section 42-8-5 - Affidavit.
- Section 42-8-6 - Replevin bond; when filed; parties; conditions.
- Section 42-8-7 - Procedure for waiver of affidavit and bond; election to take value of property or its return.
- Section 42-8-8 - Requiring additional security.
- Section 42-8-9 - Replevin against sheriff.
- Article 9 - Attachment, 42-9-1 through 42-9-39.
- Section 42-9-1 - Grounds for attachment; unmatured debts.
- Section 42-9-10 - Approval of bond; papers filed before issuance of writ.
- Section 42-9-11 - Suit on bond.
- Section 42-9-12 - Requiring additional security.
- Section 42-9-13 - Contents of writ.
- Section 42-9-14 - Amending attachment and replevin writs; alias and pluries writs; proceeding in conversion when replevin writ not executed.
- Section 42-9-15 - Issuance and return of writ; proceedings; judgment.
- Section 42-9-16 - Time for return of writs of execution, attachment and replevin.
- Section 42-9-17 - Service of writ; seizure or levy; return; endorsements; garnishment of inaccessible property.
- Section 42-9-18 - Service by publication; personal service outside state.
- Section 42-9-19 - Default after service by publication; judgment; effect.
- Section 42-9-2 - Attachment authorized in actions ex delicto.
- Section 42-9-20 - Forthcoming bond.
- Section 42-9-21 - Officer's return.
- Section 42-9-22 - Officer's liability on failure to return bond.
- Section 42-9-23 - When court acquires jurisdiction; survival of action.
- Section 42-9-24 - Perishable property; petition for sale; hearing; order.
- Section 42-9-25 - Designating person to make sale; requiring bond.
- Section 42-9-26 - Receiver; appointment; bond.
- Section 42-9-27 - Disposition of proceeds of sale.
- Section 42-9-28 - Expenses in connection with receivership and sale.
- Section 42-9-29 - Intervention in attachment proceedings.
- Section 42-9-3 - Situs of debts and intangible interest in property.
- Section 42-9-30 - Bond discharging attachment and garnishment; restitution of property.
- Section 42-9-31 - Answer denying truth of fact stated in attachment affidavit; trial of issue; decision.
- Section 42-9-32 - Issues found for defendant; attachment dismissed; properties released; suit unabated.
- Section 42-9-33 - Appeal from order discharging attachment; supersedeas.
- Section 42-9-34 - Appeal before final judgment.
- Section 42-9-35 - Judgment against sureties on bond given to discharge attachment.
- Section 42-9-36 - Sale of attached realty after judgment for plaintiff.
- Section 42-9-37 - Sale of attached personalty after judgment for plaintiff.
- Section 42-9-38 - Ancillary attachments; affidavit; bond; writ.
- Section 42-9-39 - Procedure in suit containing ancillary attachment.
- Section 42-9-4 - Filing complaint or statement, affidavit and bond; issuance of writ; property subject to attachment.
- Section 42-9-5 - Affidavit; by whom made; contents.
- Section 42-9-6 - Form of affidavit.
- Section 42-9-7 - Bond; parties; amount; condition.
- Section 42-9-8 - Form of bond.
- Section 42-9-9 - Sureties on bonds; qualifications; acknowledgments.
- Article 10 - Exemptions, 42-10-1 through 42-10-13.
- Section 42-10-1 - Exemptions of married persons or heads of households.
- Section 42-10-10 - Exemption in lieu of homestead.
- Section 42-10-11 - When homestead exemption does not apply.
- Section 42-10-12 - Repealed.
- Section 42-10-13 - Claim of exemption or priority.
- Section 42-10-2 - Exemptions of persons who support only themselves.
- Section 42-10-3 - Life, accident and health insurance benefits.
- Section 42-10-4 - Benefits from benevolent associations.
- Section 42-10-5 - Life insurance proceeds.
- Section 42-10-6 - Personal property used as a security under the Uniform Commercial Code is not exempt.
- Section 42-10-7 - Taxes and garnishment excepted.
- Section 42-10-8 - Repealed.
- Section 42-10-9 - Homestead exemption.
- Article 11 - Government Immunity, 42-11-1.
- Article 13 - Equine Liability, 42-13-1 through 42-13-5.