| | | §1903.__Procedure in exercise of right of eminent domain |
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| | | The right of eminent domain granted in section 1902 may only | | be exercised after complying with the following procedures. |
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| | | 1. Notice to owner.__The jail authority shall provide notice | | to the owner of property subject to seizure as follows. |
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| | | A.__The owner or owners of record shall be: |
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| | | (1)__Notified that the directors are exercising the | | right of eminent domain; |
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| | | (2)__Provided with a description and scale map of the | | land or easement to be taken; |
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| | | (3)__Presented with the final amount offered for the | | land or easement to be taken, based on the fair | | market value as estimated by the jail authority; and |
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| | | (4)__Notified of the time and place of the hearing | | under subsection 4. |
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| | | (1)__By personal service in hand by an officer duly | | qualified to serve civil process in this State; or |
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| | | (2)__By certified mail, return receipt requested, to | | the last known address of the owner or owners. |
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| | | C.__If the owner or owners are not known or if the owner | | or owners can not be notified by personal service or | | certified mail, notice may be given by publication in the | | same manner under subsection 4. |
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| | | 2.__Notice to tenant.__Notice under subsection 1 must be | | given to any tenants in the same manner as for the owner of | | the property. |
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| | | 3.__Notice to the affected municipality.__Notice under | | subsection 1 must be given to the municipality in which the | | property to be acquired is located in the same manner as for | | the owner of the property and must be addressed to the | | municipal officers. |
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| | | 4.__Hearing.__The directors shall hold a public hearing on | | the advisability of the proposed exercise of the right of | | eminent domain.__Notice of the hearing must be made by | | publication in a newspaper of general circulation in the area | | of the taking and |
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