38 §727. If complaint abates, rights preserved by new complaint
§727. If complaint abates, rights preserved by new complaint If such complaint is abated or defeated for want of form, or if, after a verdict for the plaintiff, judgment is reversed, he may bring a new complaint at any time within one year thereafter and thereon recover the damages sustained during the 3 years preceding […]
38 §728. Compensation of commissioners; costs
§728. Compensation of commissioners; costs The court shall award a suitable compensation to be paid to the commissioners, and taxed and recovered by the prevailing party. The prevailing party recovers costs, except where it is otherwise expressly provided.
38 §715. –redemption
§715. –redemption Any person entitled to the premises may redeem them within one year after the sale by paying to the purchaser, or the person holding under the purchaser, the sum paid therefor, with interest at the rate of 12%, deducting therefrom any rents and profits received by such purchaser, or person holding under the […]
38 §716. New complaints
§716. New complaints When either party is dissatisfied with the annual compensation established, a new complaint may be filed, and proceedings had and conducted substantially as in case of an original complaint.
38 §717. –restrictions
§717. –restrictions No new complaint shall be brought until one month after the payment of the preceding year is due and one month after notice to the other party. The other party may within that time make an offer or tender as is provided.
38 §718. –offer of increased compensation
§718. –offer of increased compensation The owner of the mill, dam or canal may within said month offer in writing to the owner of the land injured, an increase of compensation for the future. If the owner of the land does not agree to accept it, but brings a new complaint for the purpose of […]
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. […]