Section 18-15-1802 - Cause of action(a) Unless otherwise agreed by the parties or determined by a court of law, the owner of private property may raise a defense or bring a cause of action in circuit court to determine whether his or her private property is lawfully being taken: (2) As blighted property;(3) As abandoned property; or(4) As necessary to achieve a public use.(b) A state agency has the burden of proof to show by a preponderance of the evidence that the private property is lawfully being taken for the purposes authorized under subsection (a) of this section.(c) In a challenge to whether the taking is necessary to achieve a public use, the state agency bears the burden of proving by the preponderance of the evidence that the:(1) Land, real estate, premises, or other property the state agency seeks to acquire is required for a public use;(2) State agency has plans that reflect a reasonable schedule to complete the public use after the state agency takes ownership of the property;(3) State agency has access to funding to complete the public use; and(4) Public use cannot be accomplished by using or acquiring other property with the consent of the owner of the property without an unreasonable increase in cost or delay.(d) A cause of action under this section shall not be exercised more than one hundred eighty (180) days after the date the owner of the property received reasonable notice of a condemnation under this chapter.Amended by Act 2021, No. 1044,§ 2, eff. 7/28/2021.Added by Act 2021, No. 945,§ 4, eff. 7/28/2021.