24-01-19. Board of county commissioners may determine damages.
309 words·~1 min read·
/nd/title-24/chapter-24-01-state-highway-system/24-01-19·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If the director is unable to purchase land or materials with the necessary ways and access thereto, at what the director deems a reasonable valuation, then the board of county commissioners of the county wherein such land or materials may be situated, on petition of the director, shall proceed to ascertain and determine the damages and make awards in the manner provided by chapter 24-07 for lands taken for highway purposes as hereby modified or amended. Within fifteen days after the filing of such petition with the county auditor, the board of county commissioners shall fix a time and place, not later than sixty days from and after the filing of such petition, for a hearing of all persons interested or aggrieved by such taking, and shall cause to be published in the official newspaper of the county, at least once a week, for three successive weeks, prior to such hearing, a notice of such hearing, stating the time and place where the same shall be held, together with a description of the property to be taken.
Such published notice must be in lieu of all other notices, and when so published must give the said board of county commissioners full and complete jurisdiction to proceed with the determination of awards of damages. A copy of such notice must be served personally upon all known owners residing or found within the state, and upon the occupant of the land, not less than fifteen days prior to such hearing, in the manner provided for the service of a summons in the district court, and in case of personal service of such notice upon all persons interested in
any manner in said real property, as disclosed by the records in the office of the recorder of the county wherein said property is located, no publication of such notice may be made.