Section 18-2-17 – Application to Probate Court to Raise Dam.
Section 18-2-17 Application to probate court to raise dam. An owner or proprietor of any dam erected under this chapter may raise the same on application to the court of probate, and on such application, the same proceedings must be had as on the first application. (Code 1852, §2108; Code 1867, §2500; Code 1876, §3574; […]
Section 18-2-18 – Liability for Building or Raising Dam Without Authority.
Section 18-2-18 Liability for building or raising dam without authority. Any person who builds or raises a dam or other obstruction across any watercourse, except as authorized by law, and thereby works any injury to any other person, by overflowing his land or in any other way, is liable to such person for double damages […]
Section 18-2-19 – Appeal From Assessment of Damages to Circuit Court.
Section 18-2-19 Appeal from assessment of damages to circuit court. From any assessment of damages made or had under this chapter, the landowner, if dissatisfied, is entitled to an appeal, as matter of right, to the circuit court of the county, and on such an appeal to a trial de novo by jury, such appeal […]
Section 18-2-20 – Deputy May Perform Duties of Sheriff.
Section 18-2-20 Deputy may perform duties of sheriff. The duties imposed on the sheriff under this chapter may be performed by a deputy. (Code 1852, §2115; Code 1867, §2507; Code 1876, §3578; Code 1886, §3204; Code 1896, §1746; Code 1907, §3907; Code 1923, §7526; Code 1940, T. 19, §52.)
Section 18-2-21 – Provisions as to Rate of Toll, etc., Applicable to Gristmills Established Pursuant to Chapter.
Section 18-2-21 Provisions as to rate of toll, etc., applicable to gristmills established pursuant to chapter. All gristmills established in pursuance of this chapter are subject to the provisions of this Code touching the order in which grain shall be ground and the rate of toll to be charged for grinding grain at public mills. […]
Section 18-3-1 – Acquisition; Width.
Section 18-3-1 Acquisition; width. The owner of any tract or body of land, no part of which tract or body of land is adjacent or contiguous to any public road or highway, shall have and may acquire a convenient right-of-way, not exceeding in width 30 feet, over the lands intervening and lying between such tract […]
Section 18-2-7 – Jury to Assess Value, etc., of One Acre of Land on Opposite Side of Stream Abutting Proposed Dam Site Where Applicant Not Owner of Land on Both Sides.
Section 18-2-7 Jury to assess value, etc., of one acre of land on opposite side of stream abutting proposed dam site where applicant not owner of land on both sides. If the applicant is not the owner of the land on both sides of the stream, the jury must also be charged to ascertain and […]
Section 18-3-2 – Right-of-Way Through Yard, Garden, Orchard, etc.; Payment of Compensation and Damages for Right-of-Way.
Section 18-3-2 Right-of-way through yard, garden, orchard, etc.; payment of compensation and damages for right-of-way. In the establishment and condemnation of such right-of-way, no road or right-of-way shall be established through any person’s yard, garden, orchard, stable lot, stable, gin house or curtilage without the consent of the owner; and the applicant must pay the […]
Section 18-2-8 – Inquest of Jury to Be Executed, Signed and Returned.
Section 18-2-8 Inquest of jury to be executed, signed and returned. The inquest of the jury must be reduced to writing, signed by a majority of them and delivered to the sheriff, and by him returned in five days thereafter to the court of probate. (Code 1852, §2100; Code 1867, §2492; Code 1876, §3566; Code […]
Section 18-3-3 – Application to Probate Court.
Section 18-3-3 Application to probate court. The right conferred by this article shall be exercised by application to the probate court of the county in which the lands over which such right-of-way is desired, or a material portion thereof are situated, and the same proceedings shall be had as in cases of condemnation of lands […]