New Jersey § acts:saved-27 - (6)

§ acts:saved-27. (6)

6. That after said board shall have heard and considered any objections which shall,

as aforesaid, have been presented to them, they may, if they deem it for the best

interest of the county, declare by resolution, provided a majority of all the members

of said board vote in favor of the resolution, that said road shall be laid out, opened

and improved in accordance with the provisions of this act, and such board, their

agents and employes, shall have full power at all times to enter upon any lands for

any of the purposes contemplated by this act; and any land and real estate deemed

necessary by the said board for the laying out, opening, constructing, improving and

maintaining such road or any part thereof, may be taken therefor, and the value and

damage assessed be allowed for the same in the manner herein provided, that is to

say, the said board of chosen freeholders, after declaring by resolution as aforesaid,

that the said road shall be laid out and opened, and after the adoption of the location

and course thereof, shall immediately, by a petition in writing signed by the director

and clerk of said board, make application to a justice of the supreme court of this

state for the appointment of three commissioners, and upon such application when so

presented, said justice shall make an order fixing a time and place when said commissioners

will be appointed, which time shall be not less than fifteen days from the making

of such application, which order shall be published in at least one newspaper published

and circulated in said county, and in such other manner as said justice may direct,

for a time not less than fifteen days, at which said time and place, upon satisfactory

evidence of the publication of such order as aforesaid, he shall appoint under his

hand three discreet and impartial freeholders, residents in this state, commissioners

to examine and appraise the land, real estate and other property to be taken for the

laying out and opening of said road, and the damage to be done to the owner or owners

thereof by taking the same upon such notice to be given to the persons interested

as shall be directed by the justice making such appointment, either personally or

by publication or otherwise; and it shall be the duty of the said commissioners,

having first taken and subscribed an oath or affirmation faithfully and impartially

to discharge the duties of their appointment (which oath or affirmation shall be filed

with the clerk of said county), to meet at the time and place appointed in said notice,

and proceed to view and examine the said lands, real estate and other property to

be taken in laying out and opening of said road, and to make a just and equitable

estimate and appraisement of the compensation and damages each owner of the real estate

and land to be taken will sustain by reason of such taking, considering in such appraisal

the condition in which each owner's parcel will be left after taking so much thereof

as will be necessary for said opening, and the benefits that will result from such

road to the owner or owners of such land and real estate, and when the estates in

any of said lands and real estate are not known they shall appraise the compensation

to be made for and damages to be done to the fee-simple, and separate appraisal shall

be made for each separate tract, and said commissioners, or any two of them, shall,

within three months from the date of their appointment, make their reports in writing,

which shall contain a description of each separate tract of land and real estate taken

and be under their hands and seals, and shall file the same within ten days thereafter

in the clerk's office of such county, to remain on record therein, together with their

appointments and proof of notice aforesaid; a copy of which report, certified by

the clerk of the county under his seal of office, shall be filed with the clerk of

the board of chosen freeholders and by him presented to the board at its next regular

meeting, and thereafter such report shall remain of record in his office, and thereupon,

and on the payment or tender of payment of the amount awarded as hereinafter provided,

the said board of chosen freeholders is hereby empowered to enter upon and take possession

of the said lands and real estate, and the said report, or a copy thereof certified

by the clerk of said county, and proof of payment or tender of the amount awarded,

shall at all times be construed as evidence of the right of said board of chosen freeholders

to have, hold, use, occupy, possess and enjoy the said lands and real estate for the

purposes of said road; and the said justice of the supreme court shall, upon application

of either party, and upon reasonable notice to the other, tax and allow such costs,

fees and expenses to the commissioners, county clerk or others performing any of the

duties prescribed in this section, as he shall deem equitable and right, which shall

be paid by the county collector upon certificate of such justice; provided, that

if for any reason the said commissioners are unable to appraise the compensation and

damage for the taking of any land and real estate within the three months above mentioned,

the said commissioners may make report, or supplementary report or reports, within

such further time or times as the said justice on the application of said board may

direct; and provided, that if any or all of said commissioners shall die, or for

any other reason be unable to make such report, then the said justice, or any justice

of said supreme court, upon like notice, may appoint other freeholders qualified as

aforesaid, in the place or stead of the commissioners so deceased or otherwise unable

to act, who, after taking oath or affirmation as aforesaid, shall proceed as if originally

appointed; and provided, further, that should any such board of chosen freeholders

of any county acting under the provisions of this act, or the owner or owners of any

land or real estate, feel aggrieved by the decision of the commissioners aforesaid,

he, she or they may appeal to the circuit court of said county at any time within

thirty days after the filing of the said report by the said commissioners.