45-5-4. Hearing on petition--Award of right-of-way--Appointment of commissioners to assess damages. Upon the return day of the order or upon any day to which the hearing is adjourned, the judge shall proceed to hear the allegations and proofs of the respective parties. If upon the hearing the judge is satisfied that the claim of the petitioner should be worked by means of the privilege requested, the judge shall make an order adjudging and awarding to the petitioner the right-of-way, and shall appoint three commissioners who shall be disinterested residents of the county to assess the damage resulting to the lands or claims affected by the order.
Source: SL 1881, ch 97, § 5; CL 1887, § 2020; RPolC 1903, § 2554; RC 1919, § 8748; SDC 1939, § 42.0204; SL 2011, ch 165, § 186.
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