68-117d. Same; appeal from award; appraisers; report; exceptions to report; notice of hearing; copy of judgment to county clerk.
68-117d
68-117d. Same; appeal from award; appraisers; report; exceptionsto report; notice of hearing; copy of judgment to county clerk.Any person owning land within the benefit district, and feeling himselfaggrieved by the orders made by the board of county commissioners, orviewers, including any order of dismissal by reason of total damagesexceeding total benefits, may within ten days from the date of suchfinal order by said board, appeal from the decision of said board ofcounty commissioners, or viewers, to the district court, upon the same termsand in the same manner and with like effect, except as hereinafterprovided, as in appeals from judgments of justices of the peace in civilcases.
Whenever such appeal is taken, whether by one or more parties ininterest, no further action shall be taken by the board of countycommissioners until such appeal shall have been finally determined, andthe matters shall be tried de novo by the district court withoutthe aid of a jury. No appeal bond or supersedeas bond shall be required.Within thirty days after such an appeal has been filed in the districtcourt, the court or judge thereof shall appoint a board of threedisinterested freeholders, residents of the county in which the actionis pending, who shall view the land taken, award the damages and fix theboundaries of the benefit district within the limitations hereinbeforeprescribed, and assess the benefits.
Before such appraisers begin their duties as such, each appraisershall take and subscribe to an oath that he will fairly and honestlydischarge his duties as such appraiser. Within thirty days after theirappointment, unless the court for good cause shown shall extend the timetherefor, said appraisers shall file with the court their report settingforth the amount of damages awarded for each tract of land taken, theboundaries of the benefit district, and the amounts to be assessed asbenefits against the county and against each tract of land within thebenefit district. Within ten days after such report is filed, the courtshall fix a time for a hearing upon said report and any interested partymay file his exceptions to said report before such hearing. The court orthe judge thereof shall direct the clerk of the district court to givenotice of the time of such hearing by a notice published for twoconsecutive weeks in the official county paper, the date of whichhearing shall be not less than ten nor more than thirty days after thedate of the last publication. At such hearing, the court shall hear suchcompetent evidence and testimony as any interested party may offer inlike manner as in the trial of civil cases.
Within twenty days after such hearing, the court shall enterjudgment, which judgment shall provide that the costs incurred in suchappeal including such appraisers' fees as the court may allow, shall beassessed in such manner as the court shall deem just and equitable.Within ten days after the entry of judgment, the clerk of the districtcourt shall transmit to the county clerk a certified copy of suchjudgment.
History: L. 1947, ch. 352, § 4; April 15.