Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1914-03-17
RIGHTS OF WAY AND DRAINAGE

| At the recent session OF tne Belerai
| assembly, Section 1888 Of Volume 1 OF
the code Of laws of South Carolina,
was amended so al to provide for the
drainage Of public roads. The amend
ed sections reads as follows:
| Section 1888. The roadbed shall not
be less than 16 feet wide, exclusive or
side bitches, roots and other obstruc-
tions, unless otherwise ordered py the
county board of commissioners, and
he posted with substantial mileposts,
| and where roads run through lands
where water stands or flows, the roads
must be ditched on either side and the
roadbed raised. The county board or
commissioners may also open new pub
| lie roads and widen or change the 10
cation of old public roads, where, In
their Judgment, such change would be
| for the material interests or the traV-
cling public. They may obtain the
right of way for public roads or the
drainage of public roads by gift or
purchase, or they may condemn the
| land therefor and assess the compen-
sation and damages therefor as is
hereinafter provided. They shall have
power to call to their assistance a sur
yeyor, who shall survey and lay OF
such road, under their direction, so
that the grade shall not exceed seven
| and a half inches to the rod. The coun-
ty board of commissioners requiring
| such right Of way shall give ten days
notice in writing, to the owner OF the
land over which such right OF
way is required, Of their inten-
ton to condemn and establish such
right of way, and of the time ano
place when and where the compensa-
! ton and damages therefor will be as
sessed. If the owner Of such land be
| a nonresident Of The county, the notice
may be served upon his agent or ten
ant, or any other person in posses
sion thereof; but in such case at least
| fifteen days notice must be given. II
| there be no agent, tenant or other per-
| son in possession, the notice may De
| served by deposi:in it in the postof-
| flee, postage prepaid, directed to the
| owner at his last known place or resi-
dence; and, by publishing such notice
| for at least two weeks in one OF the
| newspapers published in the county
wherein the land is situated. For the
purpose of this section the Guardians
| of infants, the committees Of idiots OF
! other persons non compos mentlS, and
| trustees, shall De deemed to be owners
| Of the lands of their wards and cestuis
que truStent. In case an infant owner
has no guardian, or an idiot or other
person non compos mentis has no com
mittee, service may be made upon the
person with whom they severally re-
side, and upon the probate judge Of the
county, who shall appoint guardians ad
litem to appear and represent them. In
case the interests Of any guardian or
committee shall be opposed to those OF
| his ward, a guardian ad litem shall be
appointed by the probate judge, who
shall have authority to appear and
| represent such ward. No member OF
| the board, who is personally interested
| or who is related by blood or marriage
| within the sixth degree to any person
| claiming compensation and damages
shall serve while the case Of such per-
| son is under consideration. The places
| Of disqualified members Of the board
shall be filled pro tempore by appoint
| ment to be made by the clerk Of the
| court. All persons interested shall have
| the right to introduce testimony and to
| be heard in argument upon the matter
Of compensation in DANCES. After
hearing the evidence and arguments
the board shall render it's decision by
| resolution, which shall be recorded In
| its minutes. Provided, That the pro-
visions Of this Act shall not apply tc
the roads in Bamberg and Beaufort
counties.