§ 14-298-116 — Appeal to circuit court

(a) (1) An appeal from the final decision of the county court for a new county road or for vacating, altering, or reviewing any county road shall be allowed to the circuit court. (2) Notice of the appeal shall be given within thirty (30) days from the date the order of the county court is filed of record with the county clerk. (b) The appellant, within thirty (30) days following the decision, shall enter into bond, with good and sufficient security, to be approved by the clerk of the county court, for the payment of all costs and expenses arising from the appeal. (c) Incapacitated persons, as defined by § 28-65-104 , or their guardians may appeal without giving bond. (d) The circuit court may order another view or review of the road or make other orders as justice of the case demands. (e) The county court, after notice of appeal has been given, shall not issue any order in the premises until after thirty (30) days have expired from the time of making the decision appealed from. (f) If the appeal has not been perfected agreeably to the provisions of this chapter, the clerk shall issue the order for the opening of the road. (g) The decisions of the circuit court on petitions for roads taken into the county by appeal shall be recorded in the record of the county court from which the appeal is taken.

Legislative History

Acts 1871, No. 26, § 56, p. 56; C. & M. Dig., § 5241; Pope's Dig., § 6956; A.S.A. 1947, § 76-915; Acts 2005, No. 1200, § 9.