made upon the party not served by certified or registered mail in a |
manner allowed for service of a summons on a complaint in the |
Superior Court, which notice shall be served at least 5 days before |
the originally scheduled hearing the chair of the commission may |
order service by publication. The hearing shall must be held in |
quarters suitable for a full presentation of all evidence and |
located as conveniently as possible for all interested parties in |
the county where the land is situated. Before making an award, the |
State Claims Commission shall view the property involved with or |
without the presence of the interested parties, but it shall first |
notify the interested parties of the time when it will view the |
property. The department shall must be represented at the hearing |
and may present in open hearing evidence as to title, engineering |
maps and data, and its opinion, evidence and appraisal or |
appraisals as to the fair market value of the property involved |
before and after the taking. In all matters where a verbatim record |
of the proceedings is made by an official board reporter, a |
transcript of the same shall must be furnished to the interested |
parties, upon request, and upon payment of a reasonable charge for |
transcribing and preparing such record. In making its award, the |
State Claims Commission shall is not be limited by the range of |
testimony produced before it but may reach its decision on the |
basis of the view, the testimony and its own judgment. The State |
Claims Commission may continue a hearing from time to time for |
cause shown or by agreement of parties; and where such continuance |
is made at the request of the landowner, may require that interest |
be waived for the period of the continuance. |