Eminent Domain in Montana 2007

Cover Eminent Domain in Montana 2007
Eminent Domain in Montana 2007
Kolman, Joe
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Unless a jury is waived by the consent of all parties to the appeal, a jury must hear the appeal. When the jury hears the appeal, it must reassess the amount that the condemnation commissioners determined was just compensation for the taking of the condemnee's property.
Upon any verdict or assessment by the commissioners becoming final, judgment must be entered declaring that upon payment of the amount of the verdict or assessment, together with the interests and costs allowed by law, if any, t
...he condemnor has the right to construct and maintain the public use project and to take the property described in the verdict or assessment for the use and purposes for which the property has been taken. The rights granted in the verdict or assessment remains in the condemnor and the condemnor's heirs, successor in interest , or assigns forever.
23 If the party appealing from the award of the commissioners does not succeed in changing to the appellant's advantage the amount finally awarded in the proceeding, the appellant may not recover the costs of the appeal.


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