§ 14-298-123 — Replacement of washed-out road

(a) When any county road may be injured or destroyed by the washing of any lake, river, or creek, the judge of the county court shall be notified by any witness in writing of the nature and extent of the injury. (b) If the judge shall be satisfied that the road has been injured or destroyed to such extent as to inconvenience the traveling public, the judge shall appoint three (3) viewers. They may, if in their judgment it is necessary, take with them a competent surveyor and proceed to view and survey a new road upon such ground as will accommodate the traveling public. (c) The viewers shall determine the compensation to be allowed the owners of the property sought to be appropriated, at its true value, and the damages occasioned by the new road and shall make a report of their doings in the manner pointed out in this chapter as the duties of viewers of new roads. (d) Appeals may be taken from the appointment and orders of the judge and from the assessment allowed by the viewers as a jury to the owners of the property, in the manner provided by this chapter, within the time allowed by law, after the first regular term of the court thereafter held. (e) The appointment of viewers and order of the judge provided in this chapter shall be recorded in the records of the court. (f) The county court shall be governed in the reception, approving, and recording of the report of viewers, in all respects, as is prescribed in the case of new roads, except no notice of the destruction or injury to the road shall be required except as required by this section. (g) All costs, damages, and expenses arising under the provisions of this section shall be paid out of the county treasury on the warrant of the county clerk.

Legislative History

Acts 1871, No. 26, § 59, p. 56; C. & M. Dig., § 5248; Pope's Dig., § 6967; A.S.A. 1947, § 76-919; Acts 2005, No. 1200, § 14.