43.1010 Arbitration of compensation disputes.

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(a) When the government does not agree to pay the sum demanded or the parties or any of them do not accept the deposit made by the government, either before or after the settlement of the question of title, the sum to be paid by the government shall be determined by arbitration.

(b) One arbitrator shall be appointed by the Governor on behalf of the government, one shall be appointed by the person or persons claiming compensation, and one, who shall be the chairman, shall be appointed by the other 2 arbitrators.

(c) In the event the person or persons claiming compensation do not agree upon an arbitrator or the 2 arbitrators who are to choose the third arbitrator fail to agree upon a third arbitrator by a day to be fixed by the court, an arbitrator shall be named and appointed for them by the court.

(d) The award shall be determined by a majority of the arbitrators after viewing the property involved and considering such evidence concerning the value of the property as may be submitted by interested parties.

(e) The award shall be made within one month after the arbitrators have entered upon their duties, or have been called on to act by a notice in writing from any party unless the court sets a different time. The chairman of the arbitrators shall, within the time limit for the award, file the determination of the amount of the award with the court, enclosed in a sealed cover endorsed with the names of the parties to the arbitration. The court shall open the award and forward a copy of the same to the parties.

(f) The decision of the arbitrators shall be final if notice of appeal is not served within the time limited by law.

History: 1962, PL 7-25; 1967, PL 10-25; readopted 1980, PL 16-88 § 1; 1982, PL 17-31 § 1.