Section 209. Damages caused by discontinuance  


Latest version.
  • Any person or corporation
      interested as owner or otherwise, in any lands and claiming any loss  or
      damages,   legal   or   equitable,  by  reason  of  the  discontinuance,
      abandonment or closing of any street or highway, not within  the  limits
      of  an  incorporated village, under or pursuant to the provisions of the
      last two sections, may, upon  ten  days'  written  notice  to  the  town
      superintendent of the town in which such lands are situated apply to the
      supreme  court  or  to  the county court of the county within which such
      lands are situated for the appointment of commissioners of appraisal  to
      estimate  and  determine such loss and damage, whereupon the court shall
      appoint three disinterested commissioners of appraisal to  estimate  and
      determine such damage, and the amount of compensation to be paid by said
      town  therefor, who shall make their report thereupon to such court, and
      which report when finally confirmed shall be  final  and  conclusive  in
      respect  thereto, and the legality and equity of any and all such claims
      shall be determined by such commissioners of appraisal and by the  court
      upon  the  hearing  of their report. Any loss or damage so estimated and
      determined shall be paid by said town as in case of judgment.