Chapter 8. SPECIAL ACTIONS AND PROCEEDINGS RELATING TO PROPERTY  


Article 1. Action to Quiet Title
Sec 12-1101. Parties; claim; service on attorney general
Sec 12-1102. Complaint
Sec 12-1103. Disclaimer of interest and recovery of costs; request for quit claim deed; disclaimer of interest by state
Sec 12-1104. Allegation of lien or interest claimed by adverse party; jurisdiction of court to enter decree
Article 2. Eminent Domain
Sec 12-1111. Purposes for which eminent domain may be exercised
Sec 12-1112. Prerequisites to taking property by condemnation
Sec 12-1113. Estates in land subject to condemnation
Sec 12-1114. Private property subject to condemnation
Sec 12-1114.01. Property of the United States subject to condemnation; duty of attorney general to file action; exclusions
Sec 12-1115. Right of state to enter and survey property for public use
Sec 12-1116. Actions for condemnation; immediate possession; money deposit
Sec 12-1117. Complaint
Sec 12-1118. Joint or separate actions; consolidation
Sec 12-1119. Summons; contents; service
Sec 12-1120. Right to defend action
Sec 12-1121. Powers of court; precedence
Sec 12-1122. Ascertainment and assessment of value, damages and benefits
Sec 12-1123. Accrual of right to compensation and damages; limitation
Sec 12-1124. Payment of compensation; effect of failure to pay
Sec 12-1125. Payment of damages in proceedings by railroad
Sec 12-1126. Final order of condemnation; recording; vesting of property
Sec 12-1127. Possession by plaintiff after judgment or pending appeal; receipt of payment as abandonment; custody of money paid into court; costs of new trial
Sec 12-1128. Costs and jury fees
Sec 12-1129. Dismissal of condemnation action; litigation expenses
Sec 12-1130. Fees and expenses; appraisal; relocation benefits; applicability
Article 2.1. Private Property Rights Protection Act
Sec 12-1131. Property may be taken only for public use consistent with this article
Sec 12-1132. Burden of proof
Sec 12-1133. Just compensation; slum clearance and redevelopment
Sec 12-1134. Diminution in value; just compensation
Sec 12-1135. Attorney fees and costs
Sec 12-1136. Definitions
Sec 12-1137. Applicability
Sec 12-1138. Severability
Article 3. Eminent Domain for Public Works
Sec 12-1141. Definitions
Sec 12-1142. Agencies qualified to institute proceedings; jurisdiction of court; right of plaintiff to enter upon land
Sec 12-1143. Complaint
Sec 12-1144. Inclusion of separate parcels in single action
Sec 12-1145. Notice of proceedings; effect of filing notice
Sec 12-1146. Waiver of certain rights by persons in interest; determination of issues; judgment on issues; appointment of guardian ad litem
Sec 12-1147. Special master; duties; qualifications; compensation; oath; limitation upon powers
Sec 12-1148. Notice of hearing by special master
Sec 12-1149. Hearing by special master
Sec 12-1150. Admissibility of certain evidence before special master; effect of increased property value upon award
Sec 12-1151. Limitation on time for filing report of special master
Sec 12-1152. Notice of filing report and of hearing objections to report; waiver of right to object
Sec 12-1153. Final judgment; hearing objections to findings or report; proceedings upon rejection of report; vesting of property
Sec 12-1154. Filing certified copy of judgment
Sec 12-1155. Application by plaintiff to take possession; notice of hearing; money deposit; bond in lieu of deposit; judgment for deficiency
Sec 12-1156. Right to dismiss
Sec 12-1157. Effect of vesting of title
Sec 12-1158. Effect of payment into court; security; disbursement
Sec 12-1159. Action to recover award paid to wrong person
Sec 12-1160. Appeal; stay of proceedings; bond
Sec 12-1161. Costs
Sec 12-1162. Supplemental nature of article; procedure
Article 4. Forcible Entry and Detainer
Sec 12-1171. Acts which constitute forcible entry or detainer
Sec 12-1172. Definition of forcible entry
Sec 12-1173. Definition of forcible detainer; substitution of parties
Sec 12-1173.01. Additional definition of forcible detainer
Sec 12-1174. Immateriality of time possession obtained by tenant
Sec 12-1175. Complaint and answer; service and return
Sec 12-1176. Demand for jury; trial procedure
Sec 12-1177. Trial and issue; postponement of trial
Sec 12-1178. Judgment; writ of restitution; limitation on issuance; criminal violation; notice
Sec 12-1179. Appeal to superior court; notice; bond
Sec 12-1180. Stay of proceedings on judgment; record on appeal
Sec 12-1181. Trial and judgment on appeal; writ of restitution
Sec 12-1182. Appeal to supreme court; stay and bond
Sec 12-1183. Proceedings no bar to certain actions
Article 5. Lis Pendens
Sec 12-1191. Notice of pendency of action affecting title to real property; filing; constructive notice to purchaser or encumbrancer; release of notice of pendency of action; failure to issue release; liability
Article 6. Opening Private Way of Necessity
Sec 12-1201. Private way of necessity defined
Sec 12-1202. Right to private way of necessity; limitation
Sec 12-1203. Violation; classification
Article 7. Partition
Sec 12-1211. Compelling partition; complaint
Sec 12-1212. Unknown owner; notice and service by publication; protection of rights in decree
Sec 12-1213. Hearing and issues
Sec 12-1214. Abstract of title; inspection; cost
Sec 12-1215. Entry and contents of judgment; appointment of commissioners; surveyor
Sec 12-1216. Duties of commissioners
Sec 12-1217. Report of commissioners
Sec 12-1218. Report of commissioners when property incapable of fair division; sale; distribution of proceeds
Sec 12-1219. Objection to commissioner's report; hearing
Sec 12-1220. Partition involving future estates; title of property after partition
Sec 12-1221. Effect of judgment confirming report of commissioners
Sec 12-1222. Partition of personal property; parties
Sec 12-1223. Writ of possession or sale of personal property
Sec 12-1224. Proceedings not exclusive; rules of procedure
Sec 12-1225. Compensation of commissioners and surveyor
Article 8. Receivership
Sec 12-1241. Power of superior court to appoint receiver
Sec 12-1242. Application for appointment of receiver; verification; service; notice of hearing; restraining order pending hearing
Article 9. Recovery of Real Property
Sec 12-1251. Right of recovery; procedure
Sec 12-1252. Title of plaintiff; joint owners; proof
Sec 12-1253. Defendant as tenant; substitution of landlord; notice of action
Sec 12-1254. Survey; order; service of order
Sec 12-1255. Verdict
Sec 12-1256. Damages; limitation; set-off
Sec 12-1257. Liability of tenant
Sec 12-1258. Allegation of growing crops; stay of execution; bond and conditions
Sec 12-1259. Judgment for plaintiff for rental value from time of judgment to delivery of possession
Article 10. Recovery of Rent or for Use of Real Property
Sec 12-1271. Action to recover rent or to recover for use of real property
Article 11. Redemption
Sec 12-1281. Parties entitled to redeem property
Sec 12-1282. Time for redemption
Sec 12-1283. Redemption upon foreclosure
Sec 12-1284. Notice of redemption by subsequent lienholder
Sec 12-1285. Amounts payable upon redemption
Sec 12-1286. Execution and delivery of deed by sheriff
Sec 12-1287. Delivery and service of papers by redeeming creditor
Sec 12-1288. Right to rents and profits; accounting and action
Sec 12-1289. Restraint of waste during redemption period; acts not constituting waste
Article 12. Replevin
Sec 12-1301. Affidavit to obtain possession
Sec 12-1302. Order for taking property
Sec 12-1303. Bond; amount and conditions
Sec 12-1304. Execution of order for delivery to claimant; redelivery bond
Sec 12-1305. Filing of bonds
Sec 12-1306. Defect in bond; retaking of property
Sec 12-1307. Verdicts in actions to recover specific personal property
Sec 12-1308. Finding for defendant; judgment; election to take value or property
Sec 12-1309. Finding for defendant; property not in possession of plaintiff; judgment
Sec 12-1310. Finding for plaintiff; property in possession of defendant; election to take value or property
Sec 12-1311. Failure to deliver property; election by prevailing party
Sec 12-1312. Vesting of title to property
Sec 12-1313. Exoneration and liability of officer on bonds
Sec 12-1314. Execution issuable for delivery of property; procedure
Article 13. Trial of Title to Personal Property Under Levy
Sec 12-1331. Claim of property levied upon; bond
Sec 12-1332. Conditions of bond
Sec 12-1333. Delivery of property to claimant; return of claim and bond
Sec 12-1334. Endorsement on writ and return
Sec 12-1335. Jurisdiction of trial; docketing of action
Sec 12-1336. Direction of issue
Sec 12-1337. Judgment by default
Sec 12-1338. Trial and burden of proof
Sec 12-1339. Judgment; limitation on time for issuance of execution
Sec 12-1340. Satisfaction of judgment by claimant
Sec 12-1341. Release of officer; other levies
Article 14. Purchaser Dwelling Actions
Sec 12-1361. Definitions
Sec 12-1362. Dwelling action; notice of intent to repair or replace; jurisdictional prerequisite; insurance
Sec 12-1363. Notice and right to repair or replace; tolling of time limits; admissible evidence; definition
Sec 12-1365. Notification; right to file a complaint with the registrar of contractors
Sec 12-1366. Applicability; claims and actions