Title 32, Chapter 8, Section 1
( 32-8-1)
(a) As used in this chapter, the term "Uniform Act" means the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended by the Uniform Relocation Act Amendments of
1987, Title IV of Public Law 100-17. The department, as required by
the Uniform Act: (1) Shall make or approve payments, in accordance with Section 210
of the Uniform Act, for relocation expenses and replacement
housing expenses and shall provide relocation assistance advisory
services outlined in Section 205 of the Uniform Act; and (2) Shall make or approve payments, in accordance with Section
305(2) of the Uniform Act, to any person, family, business, farm
operation, or nonprofit organization whose real property has been
acquired by the department or is subject to a condemnation
proceeding brought by the department for any federal-aid project
in the state, the costs of which are now or hereafter financed in
whole or in part from federal funds allocated to the department: (A) For expenses incident to the transfer of real property
acquired by the department, prepayment of mortgage penalties,
and a pro rata portion of real property taxes on real property
acquired by the department; (B) For litigation expenses actually incurred by the condemnee
in any condemnation proceeding brought by the department if the
final judgment is that the department cannot acquire the real
property by condemnation or the condemnation proceeding is
formally abandoned by the department; or (C) For litigation expenses incurred by the plaintiff in any
inverse condemnation proceeding brought against the department
in which judgment is rendered in favor of the plaintiff. (b) In acquiring real property for any federal-aid project, the
costs of which are financed in whole or in part from federal funds
allocated to the department, the department shall be guided to the
greatest extent practicable under state law by the land acquisition
policies in Section 301 of the Uniform Act and the provisions of
Section 302 of the Uniform Act. (c) Nothing contained in this Code section shall be construed as
creating in any condemnation proceeding brought under the power of
eminent domain any element of value or of damage. |