Section 18-3-21 – Right-of-Way Through Yard, Garden, Orchard, etc.; Payment of Compensation and Damages for Right-of-Way.
Section 18-3-21 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 18-2-11 – Persons Permitted to Contest Application.
Section 18-2-11 Persons permitted to contest application. In all applications under this chapter, any person making affidavit that he is interested against the same and giving security for the costs, if he fails to defeat such application, must, at any time before such application is granted, be permitted to make himself a party and to […]
Section 18-2-12 – Denial or Grant of Application.
Section 18-2-12 Denial or grant of application. If on the day appointed to show cause, or any other day to which the matter may be continued, it appears to the court from the inquest or from evidence introduced that the residence of any owner, or the outhouses, inclosures, garden or orchard immediately belonging thereto, will […]
Section 18-2-13 – Time for Payment of Assessment Upon Grant of Application; Effect of Failure to Make Payment.
Section 18-2-13 Time for payment of assessment upon grant of application; effect of failure to make payment. If the application is granted, the applicant must, within three months thereafter, pay to the several owners or to the judge of probate for their use, the sums severally assessed, and a failure to make payment within such […]
Section 18-2-14 – Estate in Fee in Acre of Land to Vest Upon Compliance With Certain Conditions.
Section 18-2-14 Estate in fee in acre of land to vest upon compliance with certain conditions. On making such payment, the applicant is vested with a qualified estate in fee to the acre of land located and circumscribed by the jury, such estate to become absolute on performance of the following conditions: (1) That the […]
Section 18-2-15 – Effect of Noncompliance With Conditions.
Section 18-2-15 Effect of noncompliance with conditions. On failure to comply with the conditions prescribed in Section 18-2-14, the land reverts to its former owner or his heirs. (Code 1852, §2106; Code 1867, §2498; Code 1876, §3572; Code 1886, §3198; Code 1896, §1741; Code 1907, §3902; Code 1923, §7521; Code 1940, T. 19, §47.)
Section 18-2-16 – Proceedings When Construction of Canal or Ditch Through Adjoining Lands Necessary.
Section 18-2-16 Proceedings when construction of canal or ditch through adjoining lands necessary. When such land joins other lands and it is necessary for the erection of the mill, gin or factory to dig a ditch or canal through such other lands, the application must be made to the court of probate of the county […]
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 […]