|
5072 ARTICLE 23.
justice of the peace of Wicomico county that they will faithfully and
fairly and without partiality or prejudice value and assess the cost and
damages to be suffered and incurred by any person interested in the said
property over, through and by which the said road, drain, waterway or
landing is to be opened, closed, extended, widened, graded or improved;
and also to estimate the benefits that may accrue therefrom to any such
property owner, through and by which the said road, drain, waterway
or landing is to be opened, closed, extended, widened, graded or improved
or any property 'adjacent thereto, or any other property injured or bene-
fited by said road, drain, watercourse or landing; they shall give at least
fifteen days' notice in one or more newspapers published in Wicomico
county of their purpose to lay out, open, extend, close up, widen, straighten
grade or improve the road, drain, waterway or landing as directed to be
laid out, opened, extended, closed up, widened, straightened, graded or
improved, and of the clay, hour and place of meeting for the said purpose;
and shall meet at the time and place mentioned in the notice given by
them and proceed to exercise the powers and perform the duty assigned
to and required of them, and to ascertain whether any and what amount
in value of the damages will be caused thereby for which the owner or
occupant of any rights or interest, claimed in any ground or improvement
ought to be compensated, over and above the amount in value of benefits
which will thereby accrue to said owner or occupant thereof, and ascertain
what amount in value of benefits will thereby accrue to any lot or parcel
of ground by or through which the same may pass, or improvements made,
or any other property or to the owner or occupant thereof, and which said
lot or parcel of ground, or the owner or occupant thereof ought to pay.
They shall locate boundaries and prepare an explanatory map giving
description, of the road opened, closed, extended, widened, straightened,
or drain or watercourse or landing, with each separate lot or parcel of
ground deemed to have sustained damage or received benefit, and they
shall, within twenty days, return to the County Commissioners such maps,
together with the amount of damage awarded such owner or occupant and
the amount of benefits assessed to any lot or parcel of ground or the owner
thereof, together with a certificate of their qualifications, which may be
ratified or rejected or allowed and amended in whole or in part by said
County Commissioners; provided, that the County Commissioners shall
give ten days' notice at least by publication in one newspaper published
in Wicomico county or by ten days' notice at least in writing to each
property owner so interested, of the time set for final action on the return
of said examiners, and said County Commissioners shall act on said
return within twenty days after the expiration of said notice, and may
issue new commission, as in their judgment may seem proper; and before
proceeding to actually open, widen, extend, straighten or close any such
road, drain, watercourse or landing, the County Commissioners shall pay
or tender to the person, his agent, guardian or representative the amount
of damages so awarded; and if any one shall feel aggrieved by the de-
cision of the County Commissioners in any matter affected by their
decision, he may appeal to the Circuit Court for Wicomico County by
|
 |