23-18-406. Eminent domain generally.

23-18-406. Eminent domain generally. (a) In order to enable the corporation to carry out the purpose of this section, §§ 23-18-401 — 23-18-405, and 23-18-408 — 23-18-410, the state's power of eminent domain is conferred upon it, insofar as it is necessary to enable it to condemn land overflowed above its dam, and for spillways, dams, cofferdams, powerhouses, and substations, and to condemn lands for right-of-way for viaducts and for electric transmission of power generated to points of its utilization. (b)(1) In all cases where the corporation fails to obtain by agreement with the owner of the property the right to overflow or use such lands or the right-of-way for viaducts and electric transmission lines, it may apply by petition to the circuit court in the counties in which the property is situated to have the damages for the overflowed lands or rights-of-way assessed, giving the owner of the property at least ten (10) days' notice in writing of the time and place where the petition will be heard. (2) If the owner of the property is a nonresident of the state, the notice shall be given by publication as provided in civil cases. (3) In case proceedings are had against infants or persons of unsound mind, it shall be the duty of the court to appoint a guardian ad litem, who shall represent their interest for all purposes. (4) The petition as nearly as may be shall describe the lands to be overflowed or taken for right-of-way for viaducts and electric transmission lines and shall be sworn to. (c) It shall be the duty of the court to impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation which the corporation shall pay, and the matter shall proceed and be determined as other civil cases. (d) In all cases where damages have been assessed, it shall be the duty of the corporation to deposit with the clerk of the court or to pay to the owners the amount so assessed and to pay such costs as may be adjudged against it within thirty (30) days after the assessment, whereupon it shall be lawful for the corporation to enter upon the lands and proceed with the work of developing the waterpower. (e) Where the determination of questions in controversy in the proceeding is likely to retard the progress of the work, the court or the judge in vacation shall designate an amount of money to be deposited by the corporation, subject to the order of the court, and for the purpose of making the compensation when the amount thereof has been assessed, as provided in this section, and the judge shall designate the place of the deposit. Whenever the deposit shall be made, it shall be lawful for the corporation to enter upon the lands and to proceed with its work prior to the assessment and payment of damages for the use thereof. (f) In all cases where the corporation fails to pay or deposit the amount of damages assessed as provided in this section within thirty (30) days after such demand, it shall forfeit all rights in the premises.