§ 156-28. Notice to landowners; assessments made by viewers.
§ 156‑28. Noticeto landowners; assessments made by viewers.
After the completion of the main drainway, upon the application of theperson, firm, or corporation, or their heirs or assigns, digging or cutting thesame, the clerk of the superior court of the county in which any land throughwhich the drainway may pass is situated shall issue a notice to be served bythe sheriff upon any person who may have failed to agree with the person, firm,or corporation digging or cutting such drainway, upon a compensation to be paidby the landowner for the digging or cutting of such drainway, notifying thelandowner that on a certain day, which shall be named in the notice and notless than 20 days from the date of the issuing of the notice, the clerk of thesuperior court will appoint three competent and disinterested persons, one ofwhom may be a surveyor, and none of whom shall own land to be affected by thedrainway, to view the land so drained and for which no compensation for thedrainage may have been agreed upon as aforesaid, and report to the clerk of thesuperior court what amount shall be paid therefor by the various landowners whomay have failed to arrange for and agree upon the compensation for the drainageas aforesaid, and the amount of damages in cases where the damages haveexceeded the benefits, which shall be paid to the landowners by the person,firm, or corporation cutting or digging such canal or drainway. In making theappointment of the viewers the clerk of the superior court shall hear any objectionswhich may be advanced by those interested to any of the persons the clerk mayconsider to be appointed as viewers, but the clerk shall name those whom heconsiders best qualified. (1917, c. 273, s. 3; C.S., s. 5286.)