Legislation
SECTION 202
Notice
Eminent Domain Procedure (EDP) CHAPTER 73, ARTICLE 2
§ 202. Notice. (A) Where a public hearing is required by this article
the condemnor shall give notice to the public of the purpose, time and
location of its hearing setting forth the proposed location of the
public project including any proposed alternate locations, at least ten
but no more than thirty days prior to such public hearing by causing
such notice to be published in at least five successive issues of an
official daily newspaper if there is one designated in the locality
where the project will be situated and in at least five successive
issues of a daily newspaper of general circulation in such locality. If
the official newspaper is one of general circulation in such locality,
publication therein as specified shall be deemed sufficient compliance.
(B) In the event that the only newspaper available in such locality is
a weekly publication the above described notice shall be published in
such newspaper in at least two successive issues.
(C) (1) The condemnor shall serve, either by personal service or
certified mail, return receipt requested, a notice of the purpose, time,
date, and location of a public hearing required by this article to each
assessment record billing owner or his or her attorney of record.
(2) Such notice shall be served at least ten but no more than thirty
days prior to such public hearing. Such notice shall clearly state that
those property owners who may subsequently wish to challenge
condemnation of their property via judicial review may do so only on the
basis of issues, facts, and objections raised at such hearing.
(D) Inadvertent failure to notify a person or persons entitled to
notice under this section shall not be jurisdictional nor construed to
affect the validity of any title acquired by a condemnor under this law.
the condemnor shall give notice to the public of the purpose, time and
location of its hearing setting forth the proposed location of the
public project including any proposed alternate locations, at least ten
but no more than thirty days prior to such public hearing by causing
such notice to be published in at least five successive issues of an
official daily newspaper if there is one designated in the locality
where the project will be situated and in at least five successive
issues of a daily newspaper of general circulation in such locality. If
the official newspaper is one of general circulation in such locality,
publication therein as specified shall be deemed sufficient compliance.
(B) In the event that the only newspaper available in such locality is
a weekly publication the above described notice shall be published in
such newspaper in at least two successive issues.
(C) (1) The condemnor shall serve, either by personal service or
certified mail, return receipt requested, a notice of the purpose, time,
date, and location of a public hearing required by this article to each
assessment record billing owner or his or her attorney of record.
(2) Such notice shall be served at least ten but no more than thirty
days prior to such public hearing. Such notice shall clearly state that
those property owners who may subsequently wish to challenge
condemnation of their property via judicial review may do so only on the
basis of issues, facts, and objections raised at such hearing.
(D) Inadvertent failure to notify a person or persons entitled to
notice under this section shall not be jurisdictional nor construed to
affect the validity of any title acquired by a condemnor under this law.