§ 37-6-23.1 Procedure where no claim filedor owner unknown or under disability. – (a) If, after the expiration of one year following the filing of thedescription, plat, and statement as provided in § 37-6-14, and afternotice by publication as prescribed by § 37-6-16, no petition for anassessment of damages has been filed in the superior court pursuant to §37-6-18 or otherwise, the acquiring authority may petition the superior courtfor one of the counties in which the land or other real property is situatedfor a determination of the fair value of the land or other real property sotaken and of appurtenant damages to any remainder, or for the value of anyestate, right, or interest therein. After such notice as the court shall order,the court shall proceed to hear the matter and shall enter a decision for theamount or amounts to be awarded and costs. Upon entry of judgment, theacquiring authority shall forthwith deposit the sum so awarded in the registryof the court in a special account to accumulate for the benefit of the personentitled thereto. The acquiring authority making the deposit shall take thereceipt of the clerk of the superior court therefor which shall operate as arelease and discharge to the acquiring authority for all claims for damagesresulting from the taking. When any person entitled to money so deposited shallsatisfy the superior court of his or her right to receive the money, the courtshall cause the money to be paid over to him or her with all accumulationsthereon.
(b) If the owner of or person entitled to any estate, right,or interest in any part of the land so taken shall be found to be a personunascertained, or not in being, or a person whose whereabouts are unknown, or aminor or other person not capable in law to act in his or her own behalf, or aperson in military service, or if the owner or person shall default inanswering the petition, the superior court before which the proceeding ispending shall appoint an attorney at law duly admitted to practice in thisstate as a guardian ad litem or other representative for the person, and theguardian or representative shall appear, represent, and be heard in behalf ofthe person. Before entering judgment, the court shall fix the fee to be paid toeach guardian or representative so appointed and the fees for any appraisersengaged by him or her. These amount of expenses to be allowed him or her, whichfees and expenses shall be considered charges against and shall be deductedfrom the sum deposited in the registry for the benefit of the person, and thereceipt therefor of the guardian or representative so appointed shall be asufficient discharge to the clerk of court.
§ 37-6-23.1 Procedure where no claim filedor owner unknown or under disability. – (a) If, after the expiration of one year following the filing of thedescription, plat, and statement as provided in § 37-6-14, and afternotice by publication as prescribed by § 37-6-16, no petition for anassessment of damages has been filed in the superior court pursuant to §37-6-18 or otherwise, the acquiring authority may petition the superior courtfor one of the counties in which the land or other real property is situatedfor a determination of the fair value of the land or other real property sotaken and of appurtenant damages to any remainder, or for the value of anyestate, right, or interest therein. After such notice as the court shall order,the court shall proceed to hear the matter and shall enter a decision for theamount or amounts to be awarded and costs. Upon entry of judgment, theacquiring authority shall forthwith deposit the sum so awarded in the registryof the court in a special account to accumulate for the benefit of the personentitled thereto. The acquiring authority making the deposit shall take thereceipt of the clerk of the superior court therefor which shall operate as arelease and discharge to the acquiring authority for all claims for damagesresulting from the taking. When any person entitled to money so deposited shallsatisfy the superior court of his or her right to receive the money, the courtshall cause the money to be paid over to him or her with all accumulationsthereon.
(b) If the owner of or person entitled to any estate, right,or interest in any part of the land so taken shall be found to be a personunascertained, or not in being, or a person whose whereabouts are unknown, or aminor or other person not capable in law to act in his or her own behalf, or aperson in military service, or if the owner or person shall default inanswering the petition, the superior court before which the proceeding ispending shall appoint an attorney at law duly admitted to practice in thisstate as a guardian ad litem or other representative for the person, and theguardian or representative shall appear, represent, and be heard in behalf ofthe person. Before entering judgment, the court shall fix the fee to be paid toeach guardian or representative so appointed and the fees for any appraisersengaged by him or her. These amount of expenses to be allowed him or her, whichfees and expenses shall be considered charges against and shall be deductedfrom the sum deposited in the registry for the benefit of the person, and thereceipt therefor of the guardian or representative so appointed shall be asufficient discharge to the clerk of court.
§ 37-6-23.1 Procedure where no claim filedor owner unknown or under disability. – (a) If, after the expiration of one year following the filing of thedescription, plat, and statement as provided in § 37-6-14, and afternotice by publication as prescribed by § 37-6-16, no petition for anassessment of damages has been filed in the superior court pursuant to §37-6-18 or otherwise, the acquiring authority may petition the superior courtfor one of the counties in which the land or other real property is situatedfor a determination of the fair value of the land or other real property sotaken and of appurtenant damages to any remainder, or for the value of anyestate, right, or interest therein. After such notice as the court shall order,the court shall proceed to hear the matter and shall enter a decision for theamount or amounts to be awarded and costs. Upon entry of judgment, theacquiring authority shall forthwith deposit the sum so awarded in the registryof the court in a special account to accumulate for the benefit of the personentitled thereto. The acquiring authority making the deposit shall take thereceipt of the clerk of the superior court therefor which shall operate as arelease and discharge to the acquiring authority for all claims for damagesresulting from the taking. When any person entitled to money so deposited shallsatisfy the superior court of his or her right to receive the money, the courtshall cause the money to be paid over to him or her with all accumulationsthereon.
(b) If the owner of or person entitled to any estate, right,or interest in any part of the land so taken shall be found to be a personunascertained, or not in being, or a person whose whereabouts are unknown, or aminor or other person not capable in law to act in his or her own behalf, or aperson in military service, or if the owner or person shall default inanswering the petition, the superior court before which the proceeding ispending shall appoint an attorney at law duly admitted to practice in thisstate as a guardian ad litem or other representative for the person, and theguardian or representative shall appear, represent, and be heard in behalf ofthe person. Before entering judgment, the court shall fix the fee to be paid toeach guardian or representative so appointed and the fees for any appraisersengaged by him or her. These amount of expenses to be allowed him or her, whichfees and expenses shall be considered charges against and shall be deductedfrom the sum deposited in the registry for the benefit of the person, and thereceipt therefor of the guardian or representative so appointed shall be asufficient discharge to the clerk of court.
