§ 18-15-1204 — Assessment of damages by jury

(a) It shall be the duty of the court to impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation which the company shall pay. The matter shall proceed and be determined as other civil causes. (b) The amount of damages to be paid the owner of the lands for the right-of-way for the use of the company shall be determined and assessed irrespective of any benefit the owner may receive from any improvement proposed by the company.

Legislative History

Acts 1873, No. 123, § 5, p. 290; C. & M. Dig., §§ 3997, 3998; Pope's Dig., §§ 4999, 5000; A.S.A. 1947, § 35-204.