2004-04-16-_Agenda - Laserfiche WebLink

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6. Court Hearing – the Court reviews the public purpose for the condemnation and any objections raised by Ms. Wu. There is usually no objection to the taking and the Petition is granted. This hearing is Ms. Wu’s only chance to challenge the taking or the HRA’s use of the quick-take procedure. The Court enters an order appointing three commissioners to determine the amount of the award. Such order also sets the date, time and place for the first meeting of the commissioners, at which meeting they will be sworn in and will set a date to view the property. Commissioners’ Qualifications - One commissioner may be an attorney knowledgeable in eminent domain; the others must be engaged in the occupation of real estate sales or appraisals or be otherwise knowledgeable in real estate values. Objections – within 10 days of the order appointing the commissioners, either the HRA or the City may file with the Court an objection to one or more of the appointments. The judge then has 5 days thereafter to appoint a new commissioner or commissioners or overrule the objection. 7. Commissioners’ Hearing(s) – After the commissioners have viewed the property, they hold one or more hearings as directed by the order of appointment in order to hear testimony of all interested parties which is relevant to the amount of the award. The commissioners may subpoena witnesses, require the City or Ms. Wu to furnish maps, appraisal reports or other information, and allow up to $1,500 to Ms. Wu to obtain a separate appraisal. 8. Deposit and Title to the Property – The HRA must deposit with the Court the amount of the approved appraisal by the quick-take date if the HRA wants title and possession of the property by that date. The HRA cannot obtain rights to the property until the deposit is made. 9. Report and Award – The commissioners must report their condemnation award to the Court within 90 days of the date of the order of their appointment after first giving notice to the HRA. At that time the HRA pays the fees and costs of the commissioners, plus any excess of the award over the amount of the HRA’s initial deposit. Within 10 days thereafter, the HRA must notify all interested parties and their attorneys of the amount of the award. 10. Appeal – Any party may appeal the amount of the award within 40 days from the date of filing of the commissioners’ report and award. Once any notice of appeal is filed, any other party may appeal within 50 days from the date of filing of the report and award, or 10 days after the other party’s appeal. The appellant is entitled to a jury trial in District Court, where the amount of damages will be reevaluated. Page 3