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This entry was published on 2014-09-22
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Duties of commissioners of appraisal
§ 122. Duties of commissioners of appraisal. 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.