38 §719. –offer to accept less compensation
§719. –offer to accept less compensation The owner of the land injured may within said month offer in writing to the owner of the mill, dam or canal to accept a reduced compensation for the future. If the owner of the mill, dam or canal declines to pay it, and brings a new complaint to […]
38 §720. Tenants may make offers
§720. Tenants may make offers Such offers may be made by or to the tenants or occupants of the land, and of the mill and dam, or canal, in like manner and with like effect as if made by or to the owners; but no agreements founded thereon bind the owners, unless made by their […]
38 §721. Common law remedy limited
§721. Common law remedy limited No action shall be sustained at common law for the recovery of damages occasioned by the overflowing of lands or for the diversion of the water as before mentioned, except in the cases provided in this chapter, to enforce the payment of damages after they have been ascertained by process […]
38 §722. Double damages if restrictions violated
§722. Double damages if restrictions violated If, after judgment, the restrictions imposed by the report of the commissioners or finding of the jury respecting the flowing or diverting of the waters are violated, the party injured thereby may recover of the wrongdoers double damages for the injury in a civil action. [RR 2021, c. […]
38 §707. Payment in gross; bar
§707. Payment in gross; bar If the damages in gross are paid within the time fixed, the judgment is a bar to any further complaint so long as the dam and flashboards remain at the same height, but if thereafter either is raised, a new complaint may be made by the owner of the lands […]
38 §723. Agreement of parties binding, if recorded
§723. Agreement of parties binding, if recorded When an annual compensation, upon the acceptance by one party of an offer made by the other, is established and signed by the owners of the mill, dam or canal, and of the land, and recorded in the office of the clerk of the court in which the […]
38 §708. Commissioners’ report for jury
§708. Commissioners’ report for jury If either party requests that a jury may be impaneled to try the cause, the report of the commissioners shall, under the direction of the court, be given in evidence to the jury; but evidence shall not be admitted to contradict it, unless misconduct, partiality or unfaithfulness on the part […]
38 §724. Judgment no bar to new complaint
§724. Judgment no bar to new complaint A judgment against a plaintiff as not entitled to any compensation is no bar to a new complaint for damages, arising after the former verdict, and for compensation for damages subsequently sustained.
38 §709. Acceptance of commissioners’ report
§709. Acceptance of commissioners’ report If neither party requests a trial by jury, the report of the commissioners may be accepted by the court and judgment rendered thereon.
38 §725. Tender of damages
§725. Tender of damages In case of an original complaint, the defendant may, with the same advantages to the defendant, tender and bring money into court, or if the issue is decided in favor of the plaintiff, or if the defendant is defaulted or does not answer or show any legal objections to the proceedings, […]