Immediate Entry and Deposit Requirement
- Plaintiff (government entity) may immediately enter the land subject to condemnation upon filing proceedings.
- Entry is conditioned on depositing the land's value in cash or a government certificate of deposit with the provincial treasurer.
- The amount deposited is determined promptly by the competent court.
- The provincial treasurer holds the deposit subject to the court's order and final judgment.
- The court may authorize possession orders and mandates based on the deposit made.
Handling Uncertain Ownership and Compensation Payment
- If ownership of the land is uncertain or there are conflicting claims, the court must ensure actual owners are notified and have appeared.
- Upon condemnation decree, the court orders compensation payments into the court clerk’s custody for the benefit of rightful claimants.
- Compensation sums are fixed according to rules in section 244 of Act No. 190.
- After compensation is paid or tendered and costs are covered, the plaintiff may appropriate the land for public use.
- Court clerk receiving payment holds it liable under bond and must accept the payment.
Partial Reports by Commissioners
- Commissioners may submit partial reports regarding portions of the land covered.
- The court may issue judgments on partial reports if deemed just and reasonable.
- Commissioners continue work on remaining land portions and submit further reports until full accounting is complete.
Claimants’ Rights to Fund Distribution
- Persons claiming entitlement to funds paid into court may prosecute claims for distribution.
- The court distributes the funds among claimants based on justice and may assess reasonable costs.
- The plaintiff in the condemnation case is not necessarily a party to these distribution proceedings and is not liable for their costs.
Effective Date
- The Act took effect immediately upon its approval on March 5, 1919.