Title 22, Chapter 2, Section 40
( 22-2-40)
(a) The condemnor and the condemnee shall each select an assessor,
and the two assessors so selected shall select a third assessor. No
person shall be selected as an assessor unless such person is a real
estate appraiser who has an appraiser classification of certified
general appraiser granted under Chapter 39A of Title 43, the "Real
Estate Appraiser and Classification Act." The condemnor shall be
liable for the costs of the assessor selected by or for the
condemnor, the condemnee shall be liable for the costs of the
assessor selected by or for the condemnee, and the costs of the
assessor selected by the other assessors or by the judge shall be
split equally between the condemnor and condemnee. The combined
total costs of all three assessors shall not exceed $500.00 per day. (b) The assessors selected as provided in subsection (a) of this
Code section shall have no authority to decide questions of law
including, but not limited to, issues of compensability. (c) The assessors selected as provided in subsection (a) of this
Code section shall have the authority to refer questions of law to
the appropriate superior court prior to entering an award. Neither
party shall be prohibited from appealing a question of law to the
superior court after the entry of the assessor's award. |