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

1. The board of county commissioners shall appoint one disinterested person, and the owners or agents of the land through which the highway may run shall select another disinterested person. The two persons shall proceed to view such road, street or alley, and shall ascertain and make estimates of damages done to any property through which the highway may be located, changed or vacated, after deducting any advantage arising from such location, change or vacation of such road, street or alley, to the owner or owners of such property.

2. If the owner or owners shall refuse or neglect, for a period of 10 days after receiving notice from the board of county commissioners of its appointment, to appoint a person on their part, the board of county commissioners shall appoint such a person for them.

3. If there shall be more than one owner of land through which the highway may run, such owners shall unite in the appointment.

4. If the two viewers cannot agree as to damages, then they shall choose a third person, and the three persons so selected as viewers shall be authorized to administer oaths, compel the attendance of witnesses before them as road viewers, and their decision in the matter shall be final.

5. The viewers shall take an oath prior to entering upon the discharge of their duties before some person authorized to administer oaths, to discharge faithfully the duties of their trust in accordance with the provisions of NRS 404.010 to 404.060, inclusive.

6. Persons aggrieved by the decision of such road viewers may commence an action in the district court within 20 days from the date of the decision to set aside their award.

7. Upon the final award and decision of damages, the board of county commissioners shall cause the road, street or alley to be opened, established, changed or vacated, as the case may be, according to the petition.

[Part 10:101:1875; A 1877, 141; 1895, 35; C § 479; RL § 3015; NCL § 5403]