122. Duties of commissioners of appraisal. The commissioners of appraisal shall take the oath of office prescribed by the constitution, which oath shall be filed in the office of the county clerk of the county. Upon the filing of such oath the title to the lands described in the petition and map filed in the office of the county clerk shall vest in the county for the purpose of a highway forever. The commissioners of appraisal shall, with all reasonable diligence, proceed to examine such highway and lands. The commissioners of appraisal shall cause a notice to be published in two such newspapers as aforesaid, once each week for two weeks successively next preceding the day of meeting mentioned in such notice, that at a stated time and place within such county they will meet for the purpose of hearing the parties claiming an interest in the compensation to be awarded for the lands taken for such highways. Said notice shall also state the fact that a map or maps showing the land acquired had been filed in the county clerk's office. At the time and place of said meeting and at any adjournment thereof which said commissioners of appraisal shall publicly make, they shall hear the proofs and allegations of all interested parties. They may adjourn the proceedings before them from time to time, issue subpoenas or administer oaths in such proceedings; and shall keep minutes of their proceedings and reduce to writing all oral evidence given before them. They shall thereafter make and sign a report in writing, to which they shall assess, allow and state the amount of compensation to be sustained by the owners of the several lots, pieces or parcels of land taken for the purposes aforesaid. Such report shall contain the names of the owners of any parcel of land acquired as aforesaid, except that in case the commissioners of appraisal are unable to ascertain the names of such owners, they may in place of the names of such undiscovered parties insert the words "unknown owners, " in their report. The commissioners of appraisal shall file their said report, together with the minutes of their proceedings, in the office of the county clerk of such county. After said report shall have been completed and filed as aforesaid, the commissioners of appraisal shall, after publishing a notice in like manner as that provided in section one hundred twenty, apply to the county court of the county or to the supreme court, at a special term thereof to be held in the judicial department in which said county is located, to have the said report confirmed. If no sufficient reason to the contrary shall appear, the court shall confirm said report. Otherwise it may refer the same back to the said commissioners of appraisal for revision or correction; and after such revision or correction the same proceedings shall be taken as are hereinbefore provided for, and the commissioners of appraisal shall in the same manner make renewed application for the confirmation of such report, and the court shall thereupon confirm or refer back the said report and such proceedings shall be repeated until a report shall be presented which shall be confirmed by the said court.
Last modified: February 3, 2019