1980 - 11-17-80 Regular Meeting - Laserfiche WebLink

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JOK 9 PE'E 8 R 160A-248. Board of Appraisers. - (a) The property described in the preliminary condemnation resolution shall be appraised by a board of appraisers composed of one person appointed by the city (who shall be named in the preliminary condemnation resolution), one person appointed by the owner, and one person appointed jointly by the other two appraisers. Each appraiser shall be a freeholder of the city or a county wherein the property being condemned lies who has no right, title, or interest in or to the property tieing condemned, is not related by blood or marriage to any of the owners, is not an officer, employee, or agent of the City, and is disinterested in the rights of the parties in every way. Either the city or the owner may reject an appraiser appointed by the other or by the city's and owner's appraiser if the person so appointed is not disinterested. Notice of rejection of an appraiser shall be given within 48 hours of his appointment or else the right to object shall be deemed to have been waived. If an appointment is rejected, the city or owner shall immediately appoint another appraiser and shall give notice of this action to the other parties. (b) The owner's appraiser shall be appointed and his name reported to the city clerk within 15 days after the resolution has been served on all owners. If there is more than one owner, the appoint- ment shall be made by those having a majority in interest in the property. For purposes of appointing an appraiser, the holders of future interests whether vested or contingent, the holder of the equity of redemption under a mortgage, and the grantor and third-party beneficiary under a deed of trust shall not be considered owners. (c) If the owner fails to appoint an appraiser within the time allowed, or if the owner's appraiser and the city's appraiser fail to agree upon appointment of the third appraiser, the city may apply to the Clerk of Superior Court of the County in which the land lies for appointment of either an appraiser to represent the owner or the third appraiser, as appropriate. (d) Each appraiser shall take an oath or affirmation that he will fairly and impartially discharge his duties as an appraiser. (1971, c. 698, s. 1 1973, c. 1212.) § 160A-249. Meetings of Board of Appraisers. - (a) The first meeting of the board of appraisers shall be convened at or near the site of the property being condemned at the time fixed by the prelimi- nary condemnation resolution. The board of appraisers shall first view the property to be acquired and then hear any evidence presented by the owner or the city as to the damages and benefits that will result from the proposed condemnation. The evidence need not be reduced to writing unless one of the parties demands a hearing on the record, in which event he shall bear the cost of the transcript. The hearing of evidence need not be held at the site of the property if this is not convenient, and the appraisers may retire to some suitable place immediately after viewing the property. (b) If for any reason the first meeting of the board of appraisers cannot be held at the time fixed in the preliminary condemnation resolution or at the site of the property being con- demned, the appraisers may fix another time or place and shall serve notice of the change in time or place upon each person upon whom the preliminary condemnation was served. Notice changing the time and place of the first meeting shall be served not later than five days before the date of the meeting.