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602 1911
—
Chapter 417.
Order for con-demnation
of
land.
Width of land
condemned.
Possession of
land.
Application for
assessment of
Notice of appli-cation.
Procedure for
assessment of
Right of appeal.
Bond on appeal.
Costs on appeal.
Appeal without
bond.
Increase of bond.
Question on
Proviso: assess-ment
before work.
known address and published in a newspaper of Rutherford . County
at least seven days before the hearing. If the board shall find the
proposed improvement advantageous to public travel and shall de-cide
to condemn the land necessary for the road, they shall so declare
and enter the order of condemnation in their minutes. Upon the
question of condemnation, the findings and order of the board shall
not be subject to review. No strip of land wider .than forty feet
with such additional width as may be necessary for cuts and fills,
shall be acquired by condemnation. Upon making the order of con-demnation,
the board shall have authority, through their agents,
to immediately take possession of the land described in the order
and construct the road. If the landowner, after the road has been
relocated or otherwise changed, or after the new road has been
opened, shall consider himself damaged, and shall be unable to agree
with the board as to the amount of damages, he shall within ninety
days after opening, relocating, or otherwise changing the road,
apply to the clerk of the superior court for an assessment of dam-ages.
Five days notice of such application shall be given to the
board of commissioners. The clerk shall appoint and cause to be
summoned a jury of three disinterested freeholders to assess the
damages, and shall, at the time of appointing the jury, fix the time
and place of their meeting. If for any cause the jurors shall fail
to so meet, they shall meet at such other time and place as may be
fixed by them, after giving forty-eight hours notice thereof to the
board and the landowner or his attorney. The jurors' being duly
sworn shall, in considering the question of damages, take into con-sideration
the benefits to the landowner and shall render a verdict
for such amount, if any, as the damages may exceed the benefit,
and shall report their findings and verdict to the clerk, and the
clerk shall render judgment accordingly. Either the board or the
landowner may appeal to the superior court within ten days from
the filing of the report. If the landowner appeals, the clerk shall
require him to give bond or make a deposit in a sum not exceeding
one hundred dollars to secure such costs as may be recovered against
him on appeal, and if the amount of damages recovered by him in
the superior court shall not exceed the assessment appealed from,
he shall be taxed with all the costs on the appeal. If the land-owner
make affidavit of inability, by reason of poverty to give the
required bond or deposit, he shall be allowed to appeal without
bond. The bond or deposit may be increased by the judge of the
superior court. The appellate court shall in no wise adjudicate the
necesity of the relocation, widening or other change, or of the
opening of the road, but shall try under the rules of procedure of
the superior court only the question of damages and benefits: Pro-vided,
that if the. board shall desire to have the damages assessed
before proceeding to the work of construction, and shall fail to
agree with the landowner as to the damages, they shall, within sixty
days after the order of condemnation make application to the clerk
Object Description
Description
| Title | Page 652 |
| Full Text | 602 1911 — Chapter 417. Order for con-demnation of land. Width of land condemned. Possession of land. Application for assessment of Notice of appli-cation. Procedure for assessment of Right of appeal. Bond on appeal. Costs on appeal. Appeal without bond. Increase of bond. Question on Proviso: assess-ment before work. known address and published in a newspaper of Rutherford . County at least seven days before the hearing. If the board shall find the proposed improvement advantageous to public travel and shall de-cide to condemn the land necessary for the road, they shall so declare and enter the order of condemnation in their minutes. Upon the question of condemnation, the findings and order of the board shall not be subject to review. No strip of land wider .than forty feet with such additional width as may be necessary for cuts and fills, shall be acquired by condemnation. Upon making the order of con-demnation, the board shall have authority, through their agents, to immediately take possession of the land described in the order and construct the road. If the landowner, after the road has been relocated or otherwise changed, or after the new road has been opened, shall consider himself damaged, and shall be unable to agree with the board as to the amount of damages, he shall within ninety days after opening, relocating, or otherwise changing the road, apply to the clerk of the superior court for an assessment of dam-ages. Five days notice of such application shall be given to the board of commissioners. The clerk shall appoint and cause to be summoned a jury of three disinterested freeholders to assess the damages, and shall, at the time of appointing the jury, fix the time and place of their meeting. If for any cause the jurors shall fail to so meet, they shall meet at such other time and place as may be fixed by them, after giving forty-eight hours notice thereof to the board and the landowner or his attorney. The jurors' being duly sworn shall, in considering the question of damages, take into con-sideration the benefits to the landowner and shall render a verdict for such amount, if any, as the damages may exceed the benefit, and shall report their findings and verdict to the clerk, and the clerk shall render judgment accordingly. Either the board or the landowner may appeal to the superior court within ten days from the filing of the report. If the landowner appeals, the clerk shall require him to give bond or make a deposit in a sum not exceeding one hundred dollars to secure such costs as may be recovered against him on appeal, and if the amount of damages recovered by him in the superior court shall not exceed the assessment appealed from, he shall be taxed with all the costs on the appeal. If the land-owner make affidavit of inability, by reason of poverty to give the required bond or deposit, he shall be allowed to appeal without bond. The bond or deposit may be increased by the judge of the superior court. The appellate court shall in no wise adjudicate the necesity of the relocation, widening or other change, or of the opening of the road, but shall try under the rules of procedure of the superior court only the question of damages and benefits: Pro-vided, that if the. board shall desire to have the damages assessed before proceeding to the work of construction, and shall fail to agree with the landowner as to the damages, they shall, within sixty days after the order of condemnation make application to the clerk |
