Before opening any new road, street or alley through any property, such property shall be condemned for public use as follows:

1. The board of county commissioners shall appoint two disinterested persons to view, lay out and locate such new road, street or alley, and the two persons, in conjunction with two other persons chosen by any owner or occupant or by the several owners or occupants of the property to be traversed by such road, street or alley, shall ascertain the damage done to any property so traversed, after deducting any advantage arising from such road, street or alley to the owner or occupant of such property.

2. If such four persons cannot agree as to damages, then they shall choose a fifth person, and the decision of a majority of them shall govern and be reported to the board of county commissioners.

3. If the owner or owners or occupants of any property so condemned shall not acquiesce in the amount of damages so reported, an examination may be had before the board of county commissioners. Witnesses may be examined. The decision of the board of county commissioners shall be final unless such owner or owners or occupants appeal from the decision of the board of county commissioners within 30 days after the decision to the district court. An appeal shall be taken in the same manner as an appeal is taken from a Justice Court to the district court.

4. Upon finally determining the damages, the board of county commissioners shall provide for the payment of such damages, either by the person interested in the road, street or alley, or by paying for the same out of the county treasury as other claims are paid. After such payment is made the board of county commissioners shall then cause the road, street or alley to be opened.

[Part 5:111:1866; A 1887, 56; 1895, 75; 1917, 55; 1951, 119; 1953, 161]