- assessment of compensation
- adverse claims.
1.The commissioners shall:
(a)Proceed to view the several tracts of land as ordered by the court.
(b)Hear the allegations and proofs of the parties.
(c)Ascertain and assess the compensations for the land sought to be appropriated, to be paid by the corporation to the person or persons having or holding any right, title or interest in or to each of the several tracts of land.
2.In ascertaining and assessing compensation, the commissioners shall take into consideration and make allowance for any benefit or advantages that in their opinion will accrue to such person or persons by reason of the construction of the landing places, terminals, air navigation facilities and aerial rights-of-way by the corporation.
3.If the corporation shall, in its petition filed in the special proceedings, offer or agree to make good and sufficient fences on the landing places, terminals, air navigation facilities, and aerial rights-of-way, or any portion thereof, at such places and times as the same may be necessary, no sum of money or price for such fences shall be included in the compensation or damages to be awarded by the commissioners; but the corporation shall not be required to construct fences on the landing places, terminals, air navigation facilities and aerial rights-of-way where the same passes through unenclosed tracts of land, nor until enclosure shall be made abutting upon the property of the corporation.
4.The commissioners shall, on or before the time or times as ordered by the court, file in the clerk’s office their report, signed by them, setting forth their proceedings in the premises, and they may include all of the tracts in one report, or they may make several reports, including one or more of the tracts of land, if the court shall so order, or if they shall deem it proper.
5.In case there are adverse or conflicting claims to the compensation assessed for any tract of land, or any right, title or interest therein, thus sought to be appropriated, the parties thus asserting such claims shall present the same, by petition, to the court after the report of the commissioners shall have been filed, and the court shall proceed to hear and determine the same. In such case, the corporation may pay the amount of such compensation to the clerk of the court, to abide the order of the court in the proceeding, and the corporation shall not be liable for any of the costs caused by the adjudication of such conflicting claims.
Section 495.150 — Hearing; assessment of compensation; reports; adverse claims.,