Drains or ditches; appraisers; oath; procuring right-of-way.

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31-209. Drains or ditches; appraisers; oath; procuring right-of-way.

The appraisers shall first take and subscribe to an oath to well and truly perform the duties required of them as such appraisers, and they shall then proceed to procure the right-of-way for the ditch or ditches, drain or drains, from the owner or owners of the lands or lots which may be crossed by such ditch or drain so far as they may be able so to do by agreement with the owners, which release or releases of the right-of-way shall be in writing and duly acknowledged by the grantor or grantors, and shall upon consideration thereof and upon confirmation of the acts of the appraisers by the county board, be a perpetual bar to all claims for damages by the grantor or grantors, or their assigns, on account of the construction of such ditch or ditches, drain or drains. Such release or releases shall be filed and recorded in the office of the county clerk or register of deeds in and for the county in which said lands or lots are situated.

Source

  • Laws 1911, c. 142, § 8, p. 469;
  • R.S.1913, § 1779;
  • C.S.1922, § 1726;
  • C.S.1929, § 31-309;
  • R.S.1943, § 31-209.


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