Title 54, Highways, Bridges And Ferries

The bounds proposed to be embraced in the improvement district shall not go beyond the boundaries of the county in which the petition is filed, and the petition shall be accompanied by a general plat showing the location of the improvement district and the relation to the lines o…

(a) The petitioners for the improvement district are authorized to employ counsel to assist in filing the petition and in all preliminary matters necessary in having the district established, and attending to the matters of the district, so far as may be necessary, and so far as …

(a) The petitioners are authorized to select from their number a committee of three (3) or five (5), as they deem expedient, which committee shall act for the petitioners in all preliminary matters as their services may be needed in having the district established, and which comm…

(a) The court shall set a day for a hearing, and direct publication be made for all landowners set out in the petition who are not petitioners, when:(1) A petition is filed with all the necessary allegations, and the petition is sworn to, by one (1) or more of the petitioners, an…

(a) The landowners shall make their appearance and file their objections, if any, on or before twelve o'clock (12:00) noon of the day set for hearing. (b) After the hour fixed for the filing of objections, the monthly county court shall proceed to hear and determine the matter of…

(a) Any party aggrieved may appeal from the decision of the monthly county court in making the assessment, or refusing to make the assessment. (b) The appeal shall be made in the same manner and upon the same terms provided for appeals from the action of the monthly county court …

When the assessment has been made, the monthly county court shall fix the dates within which the assessment shall be collected, and the county clerk shall make out an assessment list or book, giving alphabetically the name of the owner, and the boundaries of the land, the number …

(a) The assessment shall be a lien on the respective tracts of land upon which it is assessed. (b) This lien shall be enforced in the same manner as provided for the enforcement of liens in §§ 54-12-412 — 54-12-421.

The county trustee or trustees, before receiving the assessment roll or book and proceeding to the collection of the assessments, and the county clerk, before receiving the funds from the trustee or trustees, shall respectively enter into a bond in double the amount that will com…

The proceeding to create a fund for the payment of the cost and expenses shall not interfere with or delay the other proceeding, and the matter, in all other respects, may be proceeded with as provided in this part, and as provided by law; provided, that the sixty percent (60%) a…

(a) The preliminary expense of the road improvement district provided for by this part, not including contracts for construction, may be paid by order of the county legislative body in which the lands lie, out of the general county fund. (b) The preliminary expense, if so paid, s…

(a) The county legislative body shall have the right to contribute, out of the general county fund, an amount it sees fit to be used in the payment of the preliminary expenses, without requiring the amount to be paid back or refunded to the county. (b) Where any county has previo…

If the county legislative body should not see fit to order the preliminary expenses be paid, and the parties to whom the expenses are owing are not willing to agree to wait until a fund for their payment can be provided by special assessments upon the district, then the county le…

The fund for expenses may be paid in from time to time, under the orders of the monthly county court, as the fund may be needed.

All sums paid by the petitioners or their sureties on their bonds shall be refunded and repaid to the person or persons paying the sums out of the funds of the improvement district when the funds have been realized under parts 2 and 4 of this chapter.

After the petition has been filed and bond taken and approved, the monthly county court shall at the first session thereafter, regular, special, or adjourned, and may at a later session, appoint a disinterested and competent engineer, and have placed in the engineer's hands a cop…

The engineers appointed under this part by the monthly county courts shall be paid for their services at rates the courts appointing them fix; and if not fixed, at the rate of five dollars ($5.00) per day while engaged in the work. In addition, they shall be paid all actual trave…

The engineer shall proceed to examine the land described in the petition and any other lands that may be benefited by the improvement or necessary in carrying out the improvement and survey and locate the road or improvements, as may be practicable to carry out the purposes of th…

The engineer shall make returns of and file the engineer's proceedings with the county clerk, which returns shall set forth the starting point, the route, the terminus or termini of the road or roads, or other improvements, such as the necessary bridges and culverts on the road o…

The monthly county court may at any time recall the appointment of any engineer made under this part, if deemed advisable to do so, and appoint a replacement.

The roads provided for in this part shall be surveyed and located along the general course of the present roads between the termini set forth in the report, unless there is some good and sufficient reason why the course should be departed from to secure a new, better, or shorter …

The engineer may employ necessary help such as axmen, rodmen, etc., returning an itemized expense account; or the court may contract with the engineer to furnish the engineer all help needed such as axmen, rodmen, etc., and to do the entire work or any specific part of the work, …

(a) Upon the filing of the return of the engineer, the monthly county court shall examine the return, and if the plan seems to be expedient and meets the approval of the court, it shall order the county clerk to cause notice to be given as provided in §§ 54-12-128 — 54-12-131; bu…

(a) When the plan, if any, has finally met the approval of the monthly county court, the court shall order the county clerk to issue a summons or writ to the sheriff of the proper county, the writ to run in the name of the state, commanding the sheriff to summon the persons named…

The writ shall be served at least ten (10) days before the time set for the hearing of the matter of the petition, but shall not be issued for or served upon any of the persons described in § 54-12-128, who shall file with the clerk a statement in writing, signed by the party ent…

(a) In case any such owner, lienholder or encumbrancer is a nonresident of the state, or the person's name or residence cannot be ascertained after diligent inquiry, and these facts are made to appear by affidavit filed, then publication shall be made for the owner, lienholder or…

The writ or summons and the publication notice need not give or set out in any detail the contents of the petition or of its prayer.

(a) If at the time set for hearing it appears to the monthly county court that any person entitled to notice as provided in §§ 54-12-128 — 54-12-131 has not received notice, the hearing shall be adjourned until the person can be given the required notice, and the court shall not …

Any person claiming damages as compensation for or on account of the construction of the improvement shall file a claim in the office of the county clerk at least three (3) days prior to the day on which the petition has been set for hearing, and on failure to file the claim at t…

(a) The monthly county court, upon the hearing of the petition at the time set for hearing, or at the time to which the matter has been adjourned or continued, shall determine the sufficiency of the petition in form and manner, which petition may be amended at any time, as to for…

At the hearing, the monthly county court may order the engineer, or a new engineer appointed by it, if deemed advisable, to make further examination and report to the court as to the improvement in which the hearing shall be continued until the filing of the further report.

If any claims for damages have been filed, as provided in § 54-12-133, the monthly county court shall not establish the district until viewers have been appointed and have reported, and the court shall proceed to appoint three (3) viewers to assess the damages, who shall be disin…

The viewers appointed to assess damages, after being duly sworn to act impartially and faithfully to the best of their abilities, shall proceed to view the premises and determine and fix the amount of damages to which each claimant is entitled, and file reports in writing with th…

The report of the viewers shall be filed as soon as practicable, and if any of them fails or refuses to act, for any reason, or they do not proceed to act with promptness, the monthly county court may appoint others as viewers in the place of any or all of them.

In establishing the damages, the viewers shall give the value of the land proposed to be taken without deduction, but incidental benefits that may result to the owners by reason of the proposed improvement may be taken into consideration in estimating the incidental damages.

After the filing of the report of the viewers, the monthly county court shall consider the amount of damages awarded in deciding whether the road improvement district should be established. If, in its judgment, the probable cost of construction is not a greater burden than should…

(a) Any party aggrieved may appeal to the circuit court from the decision of the monthly county court in establishing or refusing to establish the improvement district, or its decision in the allowance of damages. (b) Any party desiring to appeal shall have the right to have the …

(a) When any person opposing the creation of the district appeals from the order or decision of the monthly county court establishing or creating the district, the person shall execute bond, with good security, in the penalty of four percent (4%) of the estimated cost of the impr…

(a) If an order has been entered by the monthly county court creating or establishing the district, and giving it a name or designation, the bonds, when the district or petitioners for the district are appellants, may be made by the district in that name, to be signed by one (1) …

When an appeal is taken and prosecuted from the judgment or order of the monthly county court awarding damages, the appeal shall not prevent the work of the improvement district from proceeding, nor with the appropriation and condemnation of the lands, as provided in §§ 54-12-151…

The circuit court shall hear the appeal de novo; and if the appeal is from the amount of damages allowed by the monthly county court, the amount ascertained and fixed by the circuit court shall be entered of record, but no judgment shall be entered. The amount thus ascertained sh…

If the appeal is from the action of the monthly county court in establishing or refusing to establish the road improvement district, the circuit court shall enter an order as it deems just and proper in the premises, and the clerk of the circuit court shall certify the same to th…

(a) In the circuit court, the cases shall be docketed with the appellant or appellants as plaintiffs, and the adversary parties as defendants, and where there are several appellants on questions of damages, the circuit court may consolidate the causes and hear or try them togethe…

On the appeals, it shall rest in the discretion of the circuit court how costs shall be adjudged and distributed among the litigants.

The trial in the circuit court shall be with or without a jury, as the court may deem the right of the parties to be, under the particular issues to be tried, the right to a jury being accorded wherever the parties have the right under the law of the land.

After the amount of damages due any claimant or claimants has been finally ascertained and fixed by the monthly county court, the court shall require the damages to be paid, in the first instance, by the parties benefited by the road improvement district, or be secured, to be pai…