Section 122. Duties of commissioners of appraisal  


Latest version.
  • The commissioners of
      appraisal shall take the oath of office prescribed by the  constitution,
      which  oath  shall  be  filed  in  the office of the county clerk of the
      county. Upon the filing of such oath the title to the lands described in
      the petition and map filed in the office of the county clerk shall  vest
      in the county for the purpose of a highway forever. The commissioners of
      appraisal  shall, with all reasonable diligence, proceed to examine such
      highway and lands. The commissioners of appraisal shall cause  a  notice
      to  be published in two such newspapers as aforesaid, once each week for
      two weeks successively next preceding the day of  meeting  mentioned  in
      such  notice,  that  at  a stated time and place within such county they
      will meet for the purpose of hearing the parties claiming an interest in
      the compensation to be awarded for the lands taken  for  such  highways.
      Said  notice  shall  also  state the fact that a map or maps showing the
      land acquired had been filed in the county clerk's office. At  the  time
      and  place  of  said  meeting  and at any adjournment thereof which said
      commissioners of appraisal shall publicly  make,  they  shall  hear  the
      proofs  and  allegations of all interested parties. They may adjourn the
      proceedings before them from time to time, issue subpoenas or administer
      oaths in such proceedings; and shall keep minutes of  their  proceedings
      and  reduce  to  writing all oral evidence given before them. They shall
      thereafter make and sign a  report  in  writing,  to  which  they  shall
      assess,  allow  and  state the amount of compensation to be sustained by
      the owners of the several lots, pieces or parcels of land taken for  the
      purposes aforesaid. Such report shall contain the names of the owners of
      any  parcel  of  land  acquired  as  aforesaid,  except that in case the
      commissioners of appraisal are unable to ascertain  the  names  of  such
      owners,  they  may  in  place  of the names of such undiscovered parties
      insert the words "unknown owners, " in their report.  The  commissioners
      of  appraisal shall file their said report, together with the minutes of
      their proceedings, in the office of the county  clerk  of  such  county.
      After  said report shall have been completed and filed as aforesaid, the
      commissioners of appraisal shall, after  publishing  a  notice  in  like
      manner  as  that  provided  in  section one hundred twenty, apply to the
      county court of the county or to the supreme court, at  a  special  term
      thereof  to  be  held in the judicial department in which said county is
      located, to have the said report confirmed. If no sufficient  reason  to
      the  contrary  shall  appear,  the  court  shall  confirm  said  report.
      Otherwise it may refer the  same  back  to  the  said  commissioners  of
      appraisal  for  revision  or  correction;  and  after  such  revision or
      correction the same proceedings  shall  be  taken  as  are  hereinbefore
      provided  for,  and  the  commissioners  of  appraisal shall in the same
      manner make renewed application for the confirmation of such report, and
      the court shall thereupon confirm or refer back the said report and such
      proceedings shall be repeated until a report shall  be  presented  which
      shall be confirmed by the said court.