Special master; duties; qualifications; compensation; oath; limitation upon powers

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12-1147. Special master; duties; qualifications; compensation; oath; limitation upon powers

A. The court, at the time of the hearing, shall appoint a special master to fix the amount of damages and compensation for the taking and condemnation of the property described in the complaint, to determine the persons entitled thereto and to report such facts to the court.

B. The special master shall be a disinterested person not related to anyone having an interest in or lien upon the property sought to be condemned. The compensation of the special master shall not exceed fifteen dollars per day plus travel and subsistence expenses.

C. The special master immediately after appointment shall subscribe to an oath that to the best of his ability he will truly find and return the compensation for the taking and condemnation of the property and the persons entitled thereto.

D. This section and the succeeding sections of this article pertaining to the appointment, duties and powers of, and proceedings before, a special master shall not apply to any person who has filed a written demand for trial by jury as to the amount of compensation. The rights of such person as to the amount of compensation shall be determined by jury trial and not by the special master.


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