Page:United States Statutes at Large Volume 45 Part 1.djvu/1470

 SEVENTIETH C ONGRESS. SEss. II. CH. 416. 1929. and the compensation justly due for the taking of the same. No new structure or substantial alteration of a permanent nature, the purpose or natural effect of which is to enhance the value of the land to be taken, erected, or made thereon after the institution of the condem- nation proceedings shall be taken into consideration in assessing and awardi ng com pensat ion f or sai d land. If the land to be valued shall have been taken by virtue of a declaration of taking, as pro- vided in this Act, said land shall be valued for the purposes of compensation as of the date of such taking ; and if, by act of the owner or other party claiming to be entitled .to compensation, the value of the land for the use for which it is to be taken has been diminished, as by cutting trees, excavating, grading, or otherwise altering its physical condition, allowance, if petitioner so elects, shall be made in assessing compensation for such diminution in value. Every party, whether petitioner or respondent, may except to any ruling of the court admitting or excluding evidence, granting, reject- Ing, or modifying prayers for instruction, or other ruling made in the cause in like manner as in other civil trials. VERDICT SEC. 15 . At the close of the evidence the court shall charge the jury as in other trials at law and furnish them with a written form to be used in returning their verdict. The members of the jury may separate when not engaged in the consideration of their verdict. When the jury, or a majority thereof, shall have agreed upon their verdict they shall, through their foreman, so notify. the court, which sha ll thereupon pass an order setting a day for the retu rn of the verdict in open court. The verdict shall be in writing subscribed by the jurors concurring therein, and shall set forth, parcel by parcel, the compensation to be paid for the taking of the lands to be condemned. SETTING ASIDE VERDICT 1419 No alteration to en- hance value after pro- ceedings instituted, to be ta ken into consi der- ation. Proceeding if it shall have been taken. Exceptions to rulings. Verdict. To be returned in open court. Contents. Setting aside verdict. SEC. 16. The court shall have power to set aside or vacate the Power of court to t grant new trial, etc. verdict of the jury, or any award contai ned therein, a nd to gran a new trial upon the same grounds as in other trials at law and upo n the ground that said ver dict, or any a ward containe d therein is, in the judgment of the court, grossly excessive, or inadequate, or otherwise unreasonable or unjust. In case the verdict or any award contained therein is set aside or vacated, the court shall award a new trial with respect to the lands as to which said verdict or such award is set aside or vacated ; and the cour t shall fix a date for a new trial and order a new panel of prospective jurors to be drawn, certified, and summoned as hereinbefore provided ; and the cause shall be proceeded with as if no such verdict or award had been rendered. New panel to be drawn and case pro - ceeded with. PROCEEDINGS AFTER VERDICT Proceedings after ver. dict. SEC . 17. No motion for a new trial or to set aside or vacate the for new trial, r n ew tmil, etc. ti cm verdict, in whole or in part, or any award contained therein, shall be mad e after the e xpiration of twenty days, S undays and le gal holi- days excluded, from the rendition thereof ; and if no such motion be filed within such time, the verdict and the award or awards contained ther ein shall bec ome final and conclusive, a nd judgment shall be entered thereon. .54835* -29--PT 1-93

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