59-19-5 - Confirmation of report; assessment of damages.
§ 59-19-5. Confirmation of report; assessment of damages.
Should the report of the committee be confirmed, the board of supervisors shall direct its clerk to issue a writ to the sheriff of the county to summon twelve disinterested freeholders, competent jurors of the county, to meet on the premises, at a time to be fixed by the sheriff, of which the jurors and parties shall have five days' notice. The jury, being first sworn by the sheriff, shall assess the damages to be awarded to the owner of the land or other person, and shall reduce their finding to writing, and sign the same. The sheriff shall return the inquisition to the next meeting of the board, by whom the same shall be confirmed or set aside and a new jury ordered. And if the same shall be confirmed, the damages so awarded shall be paid by the parties applying to have said lot condemned and the costs of the proceeding. It shall not be lawful to enter upon or use the lot for any of the purposes for which it was condemned until the damages and the costs shall be paid or tendered.
Sources: Codes, 1857, ch. 22, art. 3; 1871, § 1883; 1880, § 918; 1892, § 2489; 1906, § 2826; Hemingway's 1917, § 5220; 1930, § 5323; 1942, § 7626.