Title 22, Chapter 2, Section 62
( 22-2-62)
(a) The assessors shall hear all evidence offered by either party as
to the value of the property or of any interest therein to be taken
or used, the damages incurred by the owner of the property or of any
interest therein, and the benefits to the owner accruing from the
use of the property or interest by the condemnor. (b) Prospective and consequential damages resulting from the taking
may be considered if such damages are plain and appreciable. (c) The increase of the value of the property or of any interest
therein resulting from the proposed public improvement may be
considered, but in no case shall such estimated increase deprive the
owner of actual damages. (d) In the estimation of the value of the property or other interest
taken for public uses, such valuation need not be restricted to the
agricultural or productive qualities of the property or interest,
but inquiry may be made as to all other legitimate purposes to which
the property or interest could be appropriated. |