Expropriation
Expropriation
within the time stated in the summons. The answer shall specifically designate or
identify the property in which he claims to have an interest, state the nature and
extent of the interest claimed, and adduce all his objections and defenses to the
taking of his property. No counterclaim, cross-claim or third-party complaint shall be
alleged or allowed in the answer or any subsequent pleading.
A defendant waives all defenses and objections not so alleged but the court, in the
interest of justice, may permit amendments to the answer to be made not later than
ten (10) days from the filing thereof. However, at the trial of the issue of just
compensation, whether or not a defendant has previously appeared or answered, he
may present evidence as to the amount of the compensation to be paid for his
property, and he may share in the distribution of the award.
Sec. 4. Order of expropriation.
If the objections to and the defenses against the right of the plaintiff to expropriate
the property are overruled, or when no party appears to defend as required by this
Rule, the court may issue an order of expropriation declaring that the plaintiff has a
lawful right to take the property sought to be expropriated, for the public use or
purpose described in the complaint, upon the payment of just compensation to be
determined as of the date of the taking of the property or the filing of the complaint,
whichever came first.
A final order sustaining the right to expropriate the property may be appealed by
any party aggrieved thereby. Such appeal, however, shall not prevent the court
from determining the just compensation to be paid.
After the rendition of such an order, the plaintiff shall not be permitted to dismiss or
discontinue the proceeding except on such terms as the court deems just and
equitable.
Sec. 5. Ascertainment of compensation.
Upon the rendition of the order of expropriation, the court shall appoint not more
than three (3) competent and disinterested persons as commissioners to ascertain
and report to the court the just compensation for the property sought to be taken.
The order of appointment shall designate the time and place of the first session of
the hearing to be held by the commissioners and specify the time within which their
report shall be submitted to the court.
Copies of the order shall be served on the parties. Objections to the appointment of
any of the commissioners shall be filed with the court within ten (10) days from
service, and shall be resolved within thirty (30) days after all the commissioners
shall have received copies of the objections.
accordance therewith; or, for cause shown, it may recommit the same to the
commissioners for further report of facts; or it may set aside the report and appoint
new commissioners; or it may accept the report in part and reject it in part; and it
may make such order or render such judgment as shall secure to the plaintiff the
property essential to the exercise of his right of expropriation, and to the defendant
just compensation for the property so taken.