The Monroe journal., 1921-04-19

tnE- NAINstIfs attA hN4ksA
after sixty days after sad highway
Is completed. caused TO ne summoned
three disinterested free holders Of
said county. who shall so upon the
lands and assess tn DAMAGES and
benefits under the q aeral law as Il
nov exists. provided. how yer. that
before entering upon said lands. as
authorized by this section. 1t shall be
the duty of said comm ssloners 10
serve notice upon the owner or own
crs Of said land. notifying them that
the highway is to be located upon
said land under authority OF this act:
and provided further that in assess
ins the damages sustained by any
landowner the jury shall take into
consideration the special benefits. If
any. accruing TO the landowner. and
in determin NJ such benefits. consid-
GRAFTON shall be given to the benefits
the landowner has derived from the
fact that any old RICH; OF way has re-
yerted back to said landowner by
reason of the relocation and con-
struction Of the new road: and If such
benefits shall exceed the damages,
then the amount of such excess of
benefits shall be assessed against the
landowner and shall constitute a lien
Upon the land adjoining the road. and
shall be collected by the sheriff in the
same way as public taxes: and il is
provided further that no suit shall be
instituted by the landowner for dam
age on account of location of the
road under this act or the taking of
timber or material until after sixty
days after the completion of the roads
across the lands of such landowner:
and no suit shall be brought by any
landowner unless the same is COM
menced within six months after the
completion of the road by or across
the lands of the claimant: and pro-
vided further that either party may
appeal to the superior court for the
assessment Of damages and benefits
where the matter shall be heard by
the court and jury de novo. No costs
shall be awarded against any county
or township upon appeal when the
up rdad
peal il not more favorable to appel
liant than the award of the referee.
Sec. II. The Board of County Com
missioners or State Highway Com
missioners are hereby authorized.
through Its agents to enter upon any
land in said county adjoinin, the
road under construction or repair, to
cut and carry away any timber ex-
cept trees or groves on improved land
planted or left for shade or ornament.
dig or cause to be dug and carry
away any gravel. sand. clay, dirt. or
stone which may be necessary for the
proper repair and construction of
roads in said county. and make or
cause to be made such drains or
bitches upon any land adjoining
line near any road i'm said county that
the said commissioners may deem
necessary for the better condition of
the road and the drains and bitches
so made shall not be obstructed by
the occupants of such lands or any
other person; and that any person
ohstructing such drains or bitches
shall be guilty of a m sdemeanor:
provided however, that before enter
Inc upon land as authorized by this
section 1t shall he the duty of said
commissioners, through its represent
tative, to serye notice upon the owner
or owners of sad land notifying them
that certain material authorized to he
taken by this section is required for
The road work.
Sec. 10. That the county commits
sioners or state highway commission
ers are hereby authorized to enter
upon any land adjoining or bordering
on any COUNT road AMI cut the trees
On such land for a distance in width
Ct not over thirty feet from the edge
81 the right of way of said road: pro-
vided that this is necessary for the
maintenance of said road: and pro-
vided further. that they shall net cut
trees or groves on improved land
planted or left for shade or ornament.
or In any grove or yard LEFT around
or near any house left or used for
a grove or shade trees; provided. due
compensation be made for any dam
age sustained by the landowner. to
10 ncnartoinad updar tho ean,a ,.,,t..,