§ 511. Determination of damages
(a) Disputes between a property owner and the Agency on the amount of compensation to
be paid as a result of a taking shall be resolved as follows:
(1) If the owner’s demand exceeds the Agency’s offer of just compensation by $25,000.00
or less, the owner may obtain a determination of damages by either:
(A) petitioning the Transportation Board; or
(B) filing a complaint or, if applicable, a motion to reopen a judgment of condemnation,
in Superior Court.
(2) If the owner’s demand exceeds the Agency’s offer of just compensation by more than
$25,000.00, the owner may obtain a determination of damages by filing a complaint
or, if applicable, a motion to reopen a judgment of condemnation, in Superior Court.
(3) A property owner may file a petition, complaint, or motion under subdivision (1) or
(2) of this subsection not later than 90 days after the date of the notice of taking
required under subsection 506(b) of this chapter.
(4) A petition improperly filed with the Board shall be transferred to the Superior Court
and, upon such transfer, the owner shall be responsible for applicable court filing
fees.
(b) The Board or the court shall appoint a time and place in a county where the land is
situated for a hearing, giving the parties at least 10 days’ written notice of the
hearing. If the property taken extends into two or more counties, the Board or court
may hold a single hearing in one of the counties to determine damages. In fixing the
place for the hearing, the Board or court shall consider the needs of the parties.
(c) Unless the parties otherwise agree or unless the Board or the court determines that
it is in the public interest to proceed on the question of damages, any proceedings
to determine damages shall be stayed pending the final disposition of any appeal of
the questions of necessity or public purpose.
(d) Upon demand, a party is entitled to a jury trial in Superior Court on the issue of
damages.
(e) The Board or the court shall first determine the total damages as between the Agency
and all interested persons claiming an interest in a subject property, and the Agency
may thereafter withdraw from further proceedings with respect to that property. The
Board or the court shall then determine any further questions in the matter, including
the apportionment of damages among interested persons. Any Board decision on damages
shall include findings of fact, and shall be served on the parties immediately after
its issuance. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 24; 2007, No. 75, § 27; 2011, No. 126 (Adj. Sess.), § 2; 2021, No. 20, § 93.)