§ 14-298-113 — Proceedings on report - Compensation and damages

(a) The county court, on receiving the reports of the viewers as set out in § 14-298-112 , shall cause the report to be available to all parties and shall cause a hearing to be held in which the report is read publicly. (b) If no legal objection is made to the reports by the parties and the court is satisfied that the road, or any part thereof, will be of sufficient importance to the public to cause the damages and the compensation that have been assessed as set out in § 14-298-111 to be paid by the county, and that the amount so assessed is reasonable and just, and the report of the viewers being favorable thereto, the court shall order the damages to be paid to the persons entitled thereto from the county treasury, and thenceforth the road shall be considered a public road. (c) If the court is of the opinion that the road is not of sufficient public utility for the county to pay the compensation and damages assessed as set out in § 14-298-111 and the petitioners refuse to pay the compensation and damages, then the road shall not be declared a public highway or road and the costs accruing by reason of the application shall be paid by the petitioners, as provided in § 14-298-103 . If the report of the viewers is against the proposed road or alteration, or if the road is not of sufficient public utility, in the opinion of the court, then no further proceedings shall be had thereon and the obligors in the bond securing costs and expenses shall be liable for the full amount of the costs and expenses.

Legislative History

Acts 1871, No. 26, § 53; C. & M. Dig., § 5238; Pope's Dig., § 6953; A.S.A. 1947, § 76-912; Acts 2005, No. 1200, § 6.