228.355. Commissioners, how appointed--duties--compensation.
Commissioners, how appointed--duties--compensation.
228.355. When an order establishing or widening a privateroad is entered according to section 228.352, the court shallappoint three disinterested citizens of the county where theprivate road is to be located as commissioners to view thelocation of the private road and the real property affected andto assess damages to the defendants. Before proceeding todischarge their duties, the commissioners shall take andsubscribe an oath, in writing, to be filed with the clerk of thecourt, to discharge their duties honestly, faithfully andimpartially under the order of the court. The commissionersshall notify the parties in writing that on a day specified inthe notice the commissioners will view the affected realproperty. Such notice shall be given at least ten days prior tothe day specified for viewing the real property, and the noticeshall be served in hand or by registered mail to the last knownaddress of the party to be served or to that party's attorney.After the commissioners view the location of the private road andthe real property affected, they shall report to the court andmake an assessment of the damages sustained by each defendant.Upon the filing of such report of the commissioners, the clerk ofthe court shall immediately notify the parties of the filing ofthe report. The commissioners shall be allowed reasonablecompensation for their services to be set by the court and to betaxed as costs.
(L. 1991 S.B. 138 § 5, A.L. 1993 S.B. 236)