Declaration of taking

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  1. (a) When the immediate possession of lands and property is sought to be obtained, the regional mobility authority may file a declaration of taking with a court of competent jurisdiction at any time before judgment or together with the petition in condemnation.

  2. (b) The petitioner may file a declaration of taking at any time before a judgment is signed or with the petition in condemnation in any proceeding instituted by and in the name of the regional mobility authority that involves the acquisition of real property, an interest in real property, or an easement.

  3. (c) The declaration of taking shall contain or have annexed to it the following:

    1. (1) A statement that the regional mobility authority is taking the real property, the interest in the real property, or the easement;

    2. (2) A statement of the purpose for which the regional mobility authority is taking the real property, the interest in the real property, or the easement for the use of the regional mobility authority;

    3. (3) A description of the real property, the interest in the real property, or the easement that the regional mobility authority is taking, sufficient for the identification thereof;

    4. (4) A plat showing the real property, the interest in the real property, or the easement that the regional mobility authority is taking; and

    5. (5) A statement of the amount of money estimated by the acquiring regional mobility authority to be just compensation for the taking of the real property, the interest in the real property, or the easement.


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