68-106. Viewing, surveying, laying out, altering or vacating road; assessment of damages; application for damages, when; filing, survey and plat.
68-106
68-106. Viewing, surveying, laying out, altering or vacating road;assessment of damages; application for damages, when; filing, survey andplat.It shall be the duty of the commissioners or said viewers or amajority of them, and the county surveyor to meet at the time and placespecified in the notice aforesaid, or on the following day thereafter,and they may, if they deem it necessary, take to their assistance twosuitable persons as chain carriers and one as marker, and then proceedto view, survey, lay out, alter or vacate the road as prayed for in saidpetition, or as nearly so as a good road can be made at a reasonableexpense, taking into consideration the utility, convenience andinconvenience, and expense which will result to individuals as well asto the public, if such road, or any part thereof, shall be establishedand opened or altered.
Said commissioners or viewers shall also assess and determine theamount of damages sustained by any person or persons through whosepremises the said road is proposed to be established. Such commissionersor viewers shall not assess or award damages or compensation to anyperson or persons in consequence of the opening of said road, unless theowner or owners, or their agents, or guardians, having been dulynotified as provided in this act of the applications and proceedings bywhich their property is sought to be appropriated or damaged, shall havefiled a written application with said commissioners, giving adescription of the premises on which damages or compensation areclaimed, at the time of said view and hearing, as hereinbefore providedfor: Provided, That in case any person has not received the noticeof the view of said road, as hereinbefore provided for, he may at anytime within twelve months after the location of said road file anapplication for damages with the county commissioners, who shalldetermine the amount of damages sustained by such claimant; and allapplications for damages shall be forever barred unless they arepresented as provided for in this act. If the commissioners or viewers,after viewing such proposed road, shall so direct, the county surveyorshall survey the said road under their direction, and cause the same tobe conspicuously marked throughout, noting the courses and distances.
He shall also make out and deliver to the county clerk, withoutdelay, a correct and certified return of the survey of the said road,and a plat of the same, and the said commissioners or viewers shall makeout and sign a certificate stating their opinion in favor of or againstthe establishment, alteration or vacation of said road or any partthereof, and set forth the reason of the same, which certificate shallbe filed with the county clerk on or before the first day of the sessionof the commissioners then next ensuing; and at such session next ensuingthe said commissioners shall, if they conclude that said road should beestablished, altered, or vacated, and no legal objections appear againstthe same, and they are satisfied that such road will be of publicutility, enter an order upon their records that said road, survey andplat be recorded in the office of the county surveyor and from thenceforth said road shall be considered a public highway, and the countysurveyor shall issue his order to the trustees of the respectivetownships in which said road is located, directing them to cause thesame to be opened for the public travel at the time and in the mannerindicated by him; but if the commissioners conclude that such road asapplied for is unnecessary or impracticable, then no further proceedingsshall be had thereon and the obligor or obligors on the bond securingcosts shall be liable for the full amount of all costs accrued by reasonof the view of said road.
History: L. 1911, ch. 248, § 6; May 22; R.S. 1923, 68-106.