§ 32-2-306. END OF THE PUBLIC RESERVATION.

(a)

Release of reservation. If at the end of the reservation period the land reserved is not acquired for public use or condemnation proceedings have not been instituted in the appropriate court:

(1)

The reservation shall be void; and

(2)

The Department of Planning shall record a release of the reservation in the land records of the county fifteen days after the reservation period ends.

(b)

Right of action. If at the end of the reservation period the land reserved is not acquired for public use or condemnation proceedings have not been instituted in the appropriate court any person aggrieved shall have a right of action at law against the county for actual damages sustained by him by reason of the public reservation, together with reasonable attorney's fees and expert witness fees as may be approved by the court.

(1988 Code, § 26-66) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 103-02, § 2, 7-1-2004; Bill No. 55-11, §§ 1, 2, 10-16-2011)