Public Property and Works

CHAPTER 37-6.1
Relocation Payments

SECTION 37-6.1-6

§ 37-6.1-6. Effect on eminent domain proceedings.

(a) The payments authorized in this chapter shall not be construed as creating in any condemnation proceeding brought under the power of eminent domain any element of damages not in existence on August 23, 1968, and the payments are to be in addition to the just compensation established in condemnation proceedings but only to the extent that they are not otherwise included within the condemnation award.

(b) In any condemnation proceedings where the director of transportation has, previous to an award made by the court, made available to the displaced person a portion of the fair market value of the acquired property, the payment authorized in subsection (a) of § 37-6.1-4 may be altered to reflect any change in the fair market value as may thereafter be established in the condemnation proceedings by the court. In any case where the director of transportation had made an advance payment and the amount payable under subsection (a) of § 37-6.1-4 is reduced by virtue of the determination of a higher fair market value by the court in the condemnation proceedings, the director of transportation may set off in the condemnation proceeding the amount by which the payment should be reduced against any additional sums payable to the displaced person under the terms of the award in the condemnation proceeding.

History of Section.
(P.L. 1969, ch. 218, § 1; P.L. 1990, ch. 492, § 9.)