Section 228.355

Title XIV ROADS AND WATERWAYS

Chapter 228

Effective - 28 Aug 1993   

  228.355.  Commissioners, how appointed — duties — compensation. — When an order establishing or widening a private road is entered according to section 228.352, the court shall appoint three disinterested citizens of the county where the private road is to be located as commissioners to view the location of the private road and the real property affected and to assess damages to the defendants.  Before proceeding to discharge their duties, the commissioners shall take and subscribe an oath, in writing, to be filed with the clerk of the court, to discharge their duties honestly, faithfully and impartially under the order of the court.  The commissioners shall notify the parties in writing that on a day specified in the notice the commissioners will view the affected real property.  Such notice shall be given at least ten days prior to the day specified for viewing the real property, and the notice shall be served in hand or by registered mail to the last known address of the party to be served or to that party's attorney.  After the commissioners view the location of the private road and the real property affected, they shall report to the court and make an assessment of the damages sustained by each defendant.  Upon the filing of such report of the commissioners, the clerk of the court shall immediately notify the parties of the filing of the report.  The commissioners shall be allowed reasonable compensation for their services to be set by the court and to be taxed as costs.

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(L. 1991 S.B. 138 § 5, A.L. 1993 S.B. 236)