38-802. RECLAMATION BY OWNER. Whenever any timber drifts upon any island in any of the waters of this state, or upon the bank of any such waters, the owner of the timber may remove it on paying or tendering to the owner or occupant of the land the amount of damages which he has sustained by reason thereof, and which may accrue in its removal; and if the parties can not agree as to the amount of such damages, either party may have the same appraised by two (2) disinterested citizens of the county, who may hear the proofs and determine the same at the expense of the owner of the timber.
History:
[(38-802) 1885, p. 177, sec. 1; R.S., sec. 831; reen. R.C. & C.L., sec. 868; C.S., sec. 1296; I.C.A., sec. 37-302.]