§ 24-3-27 - Settlement or appraisal of damages from change of grade.
SECTION 24-3-27
§ 24-3-27 Settlement or appraisal ofdamages from change of grade. – Whenever any abutting owner shall deem himself or herself to be injured by anychange in the grade of a highway, and the owner shall make a claim forcompensation for the injury to the town council within forty (40) days afterthe change of grade shall have been completed, the town council shall appointthree (3) suitable and indifferent persons, not interested in the landsbordering on the highway the grade of which has been changed, who shall beengaged to the faithful discharge of their duties, and who shall go upon thehighway when the grade thereof has been changed, and examine the highway, andthe estate alleged to have been injured by changing the grade of the highway,and endeavor to agree with the owner of the estate as to the amount of damagesustained by the owner by means of the change of grade, and if they agree withthe owner, they shall reduce the agreement to writing and report the agreementto the town council, which report shall be binding upon the owner and upon thetown; but if they fail to agree with the owner as to the damage, they shallreport the failure to the town council, whereupon the council, after notice tothe owner and offering him or her an opportunity to be heard, shall proceed toappraise the damage done to the owner by means of the change of grade.