§ 25.09 - Defective notice; remedy
§ 9-25.9. Defective notice; remedy
(a) If at any stage of the proceedings before the board of highway commissioners or in any proceedings subsequent thereto, it shall appear that any person owning or interested in such land shall not have been duly notified, the board of highway commissioners or other tribunal in or before which such proceedings shall be pending, shall cause a citation to be served upon the persons not notified as herein provided, and shall cause the proceedings to be postponed to such time as will permit such citation so issued to be served in the manner provided herein for the service of original citations in such matters. Commissioners appointed by the county court or by a justice of the peace or agreed upon between the parties shall have the same power to issue citations that the board of highway commissioners has, which citation shall be served in the same manner as if issued by the board of highway commissioners.
(b) The board of highway commissioners before which such proceedings are pending may cause such further notice to be given by citation, publication, or in any other manner prescribed by it in an order for that purpose. A copy of such order, citation, notice of publication or other notice which shall have been delivered to such landowner in person and verified by the affidavit of the person delivering the same, shall be prima facie evidence of such further notice.