§ 39-15-7 - Hearing on condemnation – Commissioners to appraise damages – Award.
SECTION 39-15-7
§ 39-15-7 Hearing on condemnation –Commissioners to appraise damages – Award. – At the time mentioned in the notice given under the authority of §39-15-6, or at such adjournment from the time as the court shall order, thecourt, after hearing the parties in interest therein who may desire to beheard, shall first adjudge whether the taking of the property, estate, orrights in question is a public necessity, and, if that shall be adjudgedaffirmatively, the property and rights of property shall from that time bedeemed to have been taken, and the court shall then appoint three (3) suitablepersons to be commissioners to appraise the damages sustained by any personwhose property, estate, or rights of property shall have been taken for eitheror any of the purposes authorized in this chapter. The commissioners, afterbeing duly sworn to the faithful discharge of their trust and giving due noticeto the parties in interest, shall proceed to hear the parties with theirallegations and proofs, and to examine the premises, and shall make up andreturn their award in the premises to the clerk of the superior court fromwhich they received their appointment, with their fees marked thereon, whichfees, being first allowed by the court, shall be forthwith paid by the town,person, or corporation taking the property, estate, or rights of propertyembraced in the award.