19-703. Court of condemnation; powers and duties; vacancy, how filled.

Any court of condemnation appointed pursuant to section 19-702 shall have full power to summon and swear witnesses, take evidence, order the taking of depositions, and require the production of any and all books and papers deemed necessary for a full investigation and ascertainment of the value of any works, plant, or system to be acquired pursuant to section 19-701. When any part of the public utilities appropriated under sections 19-701 to 19-707 extends beyond the territory within which the city or village exercising the right of eminent domain has a right to operate such utilities, the court of condemnation, in determining the damages caused by the appropriation thereof, shall take into consideration the fact that such portion of the utility beyond such territory is being detached and not appropriated by the city or village, and the court of condemnation shall award damages by reason of such detachment and the destruction in value and usefulness of the detached and unappropriated property as it will remain and be left after the detachment and appropriation. Such court of condemnation may appoint a reporter of its proceedings who shall report and preserve all evidence introduced before it. Such court of condemnation shall have all the powers and perform all the duties of commissioners in the condemnation and ascertainment of the value and in making of an award of all property of any such works, plant, or system. The clerk of the district court, in the county where such city or village is located, shall attend upon such court of condemnation and perform such duties, as the clerk thereof, as such court of condemnation may direct. The sheriff of any such county or any of his or her deputies shall attend upon such court of condemnation and shall have power to serve summons, subpoenas, and all other orders or papers ordered to be served by such court of condemnation. In case of vacancy in such court of condemnation, such vacancy shall be filled by the Supreme Court if the vacancy occurs while the court is in session, and if it occurs while the court is not in session, then by the Chief Justice of the Supreme Court.

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Annotations

Condemnation court's authority is limited to fixing the value of the property. Village of Walthill v. Iowa Electric L. & P. Co., 228 F.2d 647 (8th Cir. 1956).