§ 122 — Duties of commissioners of appraisal

§ 122. Duties of commissioners of appraisal. The commissioners of\nappraisal shall take the oath of office prescribed by the constitution,\nwhich oath shall be filed in the office of the county clerk of the\ncounty. Upon the filing of such oath the title to the lands described in\nthe petition and map filed in the office of the county clerk shall vest\nin the county for the purpose of a highway forever. The commissioners of\nappraisal shall, with all reasonable diligence, proceed to examine such\nhighway and lands. The commissioners of appraisal shall cause a notice\nto be published in two such newspapers as aforesaid, once each week for\ntwo weeks successively next preceding the day of meeting mentioned in\nsuch notice, that at a stated time and place within such county they\nwill meet for the purpose of hearing the parties claiming an interest in\nthe compensation to be awarded for the lands taken for such highways.\nSaid notice shall also state the fact that a map or maps showing the\nland acquired had been filed in the county clerk's office. At the time\nand place of said meeting and at any adjournment thereof which said\ncommissioners of appraisal shall publicly make, they shall hear the\nproofs and allegations of all interested parties. They may adjourn the\nproceedings before them from time to time, issue subpoenas or administer\noaths in such proceedings; and shall keep minutes of their proceedings\nand reduce to writing all oral evidence given before them. They shall\nthereafter make and sign a report in writing, to which they shall\nassess, allow and state the amount of compensation to be sustained by\nthe owners of the several lots, pieces or parcels of land taken for the\npurposes aforesaid. Such report shall contain the names of the owners of\nany parcel of land acquired as aforesaid, except that in case the\ncommissioners of appraisal are unable to ascertain the names of such\nowners, they may in place of the names of such undiscovered parties\ninsert the words "unknown owners, " in their report. The commissioners\nof appraisal shall file their said report, together with the minutes of\ntheir proceedings, in the office of the county clerk of such county.\nAfter said report shall have been completed and filed as aforesaid, the\ncommissioners of appraisal shall, after publishing a notice in like\nmanner as that provided in section one hundred twenty, apply to the\ncounty court of the county or to the supreme court, at a special term\nthereof to be held in the judicial department in which said county is\nlocated, to have the said report confirmed. If no sufficient reason to\nthe contrary shall appear, the court shall confirm said report.\nOtherwise it may refer the same back to the said commissioners of\nappraisal for revision or correction; and after such revision or\ncorrection the same proceedings shall be taken as are hereinbefore\nprovided for, and the commissioners of appraisal shall in the same\nmanner make renewed application for the confirmation of such report, and\nthe court shall thereupon confirm or refer back the said report and such\nproceedings shall be repeated until a report shall be presented which\nshall be confirmed by the said court.\n