68-104. Viewers; notice of view; duties of county surveyor.
68-104
68-104. Viewers; notice of view; duties of county surveyor.Upon presentation of any petition for a road, or for the alterationor vacation of any road, to the county commissioners, at any regularsession of their board, it shall be the duty of said commissioners, ifthey find the petition to be a legal one, and that the proper bond hasbeen filed, to appoint three disinterested householders of the county asviewers with said commissioners, who may act as viewers of said road,and the county clerk shall give notice by advertisement set up in thecounty clerk's office and in every municipal township through which anypart of said road is designed to be laid out, altered, or vacated, forat least twenty days, and by publication for two consecutive weeks in anewspaper of general circulation in the county setting forth that suchpetition has been presented, giving the substance thereof, and that thecommissioners or the viewers, on the day designated, which shall not bemore than twenty days after the date of the second publication in thenewspaper of the notice herein required, will proceed to view the saidroad, and give all parties a hearing.
They shall also cause a record of such notice to be entered on theirjournal by the county clerk. They shall issue an order directing thecounty surveyor to meet with them at the time and place named in saidnotice to survey such road. In case of failure to meet on the daydesignated, they may meet on the following day, without further notice;and in case of failure to meet within the time herein specified, newnotice shall be given as hereinbefore provided; that in all applicationsfor the location, change and relocation of any road to be located uponor along any section line, and the petition shall so state, and shallspecify the section lines to be followed, the place of beginning and theplace of ending, the survey may be dispensed with, and in case theowners of the lands taken agree in writing to the proposed location,relocation, or change, and the commissioners are satisfied that thelocation, relocation or change prayed for is practicable, and can bemade without unreasonable expense, they may dispense with the viewing ofsuch location, relocation or change of road, and shall order the same tobe surveyed, platted and opened, and shall also direct the countyengineer to note such location, relocation or change of roads upon theroad records of his office.
History: L. 1911, ch. 248, § 4; May 22; R.S. 1923, 68-104.