28-7098. Appraisal; condemnation; initial offer
A. Before filing a condemnation action to acquire property for transportation purposes pursuant to this article, the department shall obtain one or more appraisals that estimate the amount of just compensation for the proposed taking and damaging of the property.
B. At least twenty days before filing an action for condemnation of property for transportation purposes pursuant to this article, the department shall deliver to the property owner of record and the sole lessee of record, if applicable, according to the records of the county recorder in the county in which the property is located:
1. A written offer to purchase the property or interest in the property and to pay just compensation for the property or interest in the property and for any compensable damages to any remaining property. The offer must constitute the department's estimate of just compensation.
2. One or more appraisals that support the amount of the proposed compensation.
C. If no lease is recorded or if more than one lease is recorded for the property with the county recorder of the county in which the property is located, at least twenty days before filing an action for condemnation of property or any interest in property, the department shall provide notice of the offer and appraisal to the party having a plain and obvious commercial ownership or operational interest in substantial improvements on the property by posting the notice in plain sight at the property that may be subject to condemnation. If a lessee that is not noted in the record of the county recorder and has a commercial ownership or operational interest in substantial improvements on the property requests a copy of the offer and appraisal the plaintiff shall promptly comply with the request upon presentation of documentation by the lessee of its interest in the property.
D. The department's initial offer of just compensation to the aggregate of those persons with an interest in the property shall not be less than the lowest of the appraisals prepared by or for the department.
E. At any time after the department has filed a condemnation action and on request, it shall promptly provide to any person in interest a copy of the appraisal of the property on which the department's most recent offer is based.
F. The superior court may waive the requirements of subsection A or B if the court determines that the plaintiff will suffer immediate and irreparable harm that outweighs the property owner's or lessee's interest.
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