Legislation
SECTION 1806
Judgment
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 18
§ 1806. Judgment. Upon examining into the truth of the allegations of
the petition, and hearing the allegations and proofs of the parties,
presented orally or by affidavit, as to the value of the interest of the
infant, incompetent person or conservatee in the property so
appropriated, including the legal damages caused by such appropriation,
and the damages, if any, sustained by the entry upon, use or occupation
of, or injury to such property by the state prior to completion of
appropriation, and, upon inquiring into the facts and circumstances and
duly considering the matter, if it shall appear to the satisfaction of
the court that the amount of compensation offered to be paid by the
state represents the fair market value of the property appropriated and
just compensation for the legal damages caused by such appropriation and
the damages, if any, sustained by the entry upon, use or occupation of,
or injury to such property by the state prior to completion of
appropriation, and that the interest of the infant, incompetent person
or conservatee will be substantially promoted by releasing or joining
with others in releasing any such claim for the amount of compensation
offered therefor by the state, the court may render a judgment
authorizing petitioner to enter into an agreement with the state, in
such form as may be submitted by the state or any agency or department
thereof, for the amount of compensation offered by the state and
approved by the court and authorizing and directing petitioner to
execute and deliver to the state a release of such claim and any
documents or instruments as may be required by the state to give full
effect to such release and authorizing and directing petitioner to
receive the amount in full payment of such claim for compensation.
the petition, and hearing the allegations and proofs of the parties,
presented orally or by affidavit, as to the value of the interest of the
infant, incompetent person or conservatee in the property so
appropriated, including the legal damages caused by such appropriation,
and the damages, if any, sustained by the entry upon, use or occupation
of, or injury to such property by the state prior to completion of
appropriation, and, upon inquiring into the facts and circumstances and
duly considering the matter, if it shall appear to the satisfaction of
the court that the amount of compensation offered to be paid by the
state represents the fair market value of the property appropriated and
just compensation for the legal damages caused by such appropriation and
the damages, if any, sustained by the entry upon, use or occupation of,
or injury to such property by the state prior to completion of
appropriation, and that the interest of the infant, incompetent person
or conservatee will be substantially promoted by releasing or joining
with others in releasing any such claim for the amount of compensation
offered therefor by the state, the court may render a judgment
authorizing petitioner to enter into an agreement with the state, in
such form as may be submitted by the state or any agency or department
thereof, for the amount of compensation offered by the state and
approved by the court and authorizing and directing petitioner to
execute and deliver to the state a release of such claim and any
documents or instruments as may be required by the state to give full
effect to such release and authorizing and directing petitioner to
receive the amount in full payment of such claim for compensation.