28-7102. Inverse condemnation; resolution of necessity; alternatives; limitations; action; extension

A. If the board adopts a highway corridor and selects a highway alignment for the adopted corridor, within eighteen months of selection of the alignment, the board shall adopt a resolution of necessity declaring that acquisition of one or more parcels of real property is necessary for transportation purposes. If the department has not presented a written offer to the property owner within six months of the adoption of the resolution of necessity, the property owner may file an action in superior court for inverse condemnation to do either of the following:

1. Require the department to take the property and pay compensation for the property.

2. Recover damages from the department for any interference with the possession and use of the property resulting from adoption of the resolution of necessity.

B. The property owner must commence an action under subsection A of this section not later than eighteen months after the date the board adopts the resolution of necessity.

C. The department may commence a condemnation proceeding or the board may rescind the resolution of necessity as a matter of right at any time before the property owner commences an action under this section. If the department commences a condemnation proceeding or if the board rescinds the resolution of necessity before the property owner commences an action under this section, the property owner may not bring an action under this section.

D. After a property owner has commenced an action under this section, the board may rescind the resolution of necessity and the department may abandon the taking of the property only under the same circumstances and subject to the same conditions and consequences as abandonment of a condemnation proceeding.

E. Commencement of an action by a property owner under this section does not affect any authority the department may have to commence or abandon an action pursuant to other sections in this article or title 12, chapter 8, articles 2 and 3 or to take possession of any property.

F. In lieu of an action commenced by a property owner pursuant to subsection A of this section or if the limitations period provided in subsection B has expired, the property owner may file an action in superior court to compel the board, within the time the court deems appropriate, to rescind the resolution of necessity or to compel the department to commence a condemnation proceeding to acquire the property.

G. The time limitations prescribed in this section may be extended by the board if both of the following occur:

1. The department applies to the board for an extension and provides a written explanation of and a justification for the need for an extension.

2. An extension is determined necessary by the board due to an unforeseeable and unpreventable circumstance or event that renders compliance with the prescribed time periods impossible or that causes an extreme hardship in completing the transportation project.