§ 909.05. Procedures for structures taken.  


Latest version.
  • If buildings or structures are located upon the land appropriated, or located partly upon the land appropriated and partly upon adjoining land so that such buildings or structures cannot be divided upon the line between such lands without manifest injury thereto, and such buildings or structures are removed before the owner accepts that portion of any deposit representing the appraised value of the property or the jury has fixed the value of the same, the city attorney, upon notification from the director of public service that such buildings or structures are to be removed, shall cause an appraisal to be made by three (3) persons, one (1) to be appointed by the owner, one (1) by the city attorney, and one (1) by the county auditor. Such appraisal may be used as evidence by either the city or the owner in the trial of the case, but neither the city, nor the owner, shall be bound by such appraisal. The making of such appraisal may be waived in writing by the owner. The director of public service shall cause pictures to be taken of all sides of such building or structure and shall compile a complete description of such structure for the purpose of perpetuating evidence of the nature of such structure which may be presented as evidence in the case by either the city or the owner and to which the owner shall have complete access.

(Ord. 986-72.)