Section 31-19-51 - Appointment of board of appraisers--Composition of board--Inspection andascertainment of value--Benefits or damages accruing to landowner--Appraisal filed with county auditor--Amoun

31-19-51. Appointment of board of appraisers--Composition of board--Inspection and ascertainment of value--Benefits or damages accruing to landowner--Appraisal filed with county auditor--Amount presumed true value. In case the owner of any land or lands referred to in § 31-19-50 and the board of county commissioners cannot agree upon the price to be paid for any such land or lands by the county, the board of county commissioners may appoint a board of appraisers of three disinterested persons, or if demanded by the owner within ten days after the service of the resolution to condemn, the board of county commissioners shall appoint one disinterested person, the owner another, and these two shall appoint a third not resident of the township in which said land or lands are situated, who shall make a careful inspection of such land or lands and fix a value upon the same, taking into consideration any benefits or damages that may accrue to such owner by the acquiring and use of any such land or lands. Such appraisal duly made and filed in the office of the county auditor shall be presumed to be the true value thereof and shall be the amount of the payment therefor by the board of county commissioners unless changed by the judgment of a jury in the circuit court.

Source: SL 1923, ch 286; SL 1927, ch 139; SDC 1939, § 28.1301.