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1. Laying Out.

County roads shall be laid out and established by order of the county commissioners of the proper counties on the application of householders in the manner provided in this act. (L. '95, § 1, p. 82.)

2. Petition

Applications for laying out and establishing or changing of any county road shall be by petition in writing, to the board of county commissioners, signed by at least ten householders of the county residing in the vicinity of the proposed road. (L. '95, § 2, p. 82.)

3. Route and Width.

Such petition must set forth the terminal points of the proposed road; the course, the width, which shall not be less than thirty feet nor more than one hundred feet, and that the propo sed road is practicable and will be of general use and public ut ility. (L. '95, § 3, p. 82.) 4. Bonds, Costs, Right of Way.

Such petition must be accompanied by a bond in the penal sum of three hundred dollars payable to the county, executed by one or more of such petitioners as principal or principals with two or more sureties, and conditioned that the petitioners will pay into the county treasury the amount of all costs and expenses incurred in examining and surveying the proposed road and in the proceeding, in case the road shall not be established, or in case the application is for the purpose of changing the road for the benefit of the land owner or owners

, and no such change shall be made until such cost bill has been paid and the road graded. When

the cost is assessed against the principal petitioner the clerk of the board of county commissioners shall file the cost bill with the county treasurer who shall proceed to collect the same. The board may require that waivers for the right-of-way be secured by the principal petitioner, before an examination or survey is ordered, said petition, bond, and waiver shall be filed with the clerk of the board of county commissioners. (L. ’01, § 1, p. 201.)

5. Surveyor's Duty.

The board when in session, shall consider such petition and bond, and if not rejected they shall, if such petition contains substantially the matters and things required by law, and that the said bond is sufficient, file said petition, bond and waivers with the county surveyor, who shall make examination and if necessary, a survey of the proposed road. If, however, after an examination he deem the same impracticable he may so report to the board of county commissioners without a survey, or he may examine or survey any other route which would subserve the same purpose and make a report thereon. (L. '01, § 2, p. 201.)

6. Surveyor's Further Duties.

In selecting the route the surveyor shall take into consideration the general road system, the grade, cost of construction, maintenance, utility, convenience, inconvenience, and expense which will result to individuals as well as the public, if such roads shall be established, and opened or changed. He shall as far as possible, cause notice of the route of the road as far as surveyed to be given to each resident owner, lessee, occupant or owner's agent of lands over which said road passes. He shall receive from each person interested in such land, who will give the same, a statement in writing signed by such person and file the same with his report, and (1) consenting that such road shall be established as surveyed and waiving all claims to damages on account thereof; or (2) claiming damages on account of the establishment or opening of such road, and specifying the amount so claimed. (L. '01, § 3, p. 201.)

7. Surveyor's Report.

When the examination or survey is completed the surveyor shall report in writing to the board of county commissioners (1) his opinion as to the necessity of the road, and whether the same cught to be established and opened; (2) the terminal points, general course and length of the road; (3) his recommendation as to the width of the proposed road; (4) the names of persons interested in lands over which the proposed road passes, who consent to the establishment of the same and wave all claims to damages; (5) the names of all persons interested in said lands who refuse their consent, and the amount of damage claimed by each; (6) an estimate of damages to each tract of land of non-consenting persons interested in such tract of land, and in determining such damages it shall be the duty of the surveyor to estimate the benefits and damages accruing to any person by reason of establishing or changing such road, and the sum estimated as benefit must be deducted from the sum estimated as damages for the amount of damages to such person or land; (7) a description of cach tract of land over which such road passes, with the name and place of residence or address of the owners, lessees, claimants or incumbrancer if known, of each of said tracts of land, and the quantity of area of land to be taken from each of said tracts; (8) the probable cost of the construction of the road, including all necessary bridges, culverts, clearing, grubbing and grading; (9) such other facts, matters and things as he may deem of importance to be known by the board of county commissioners. (L. '01, § 4, p. 202.)

8. Waiver of Damages.

The surveyor shall file with his report the written consent and waivers of claims to damages by persons interested in the lands affected by the establishment of said road, and the claims for damages procured as provided in this act. (L.'01, § 5, p. 203.)

9. Map of Road.

If a survey is made of the proposed road the surveyor shall file a correctly prepared map of said road laid out and surveyed, which map must show the tracts of land over which said road

passes, with the name of the owner, if known, of each tract written thereon, and the surveyor shall also file therewith his field notes of

(L. '01, § 6, p. 203.)

such survey.


Rate and Payment of Wages.

The viewers, axmen, flagmen, and all other necessary assistants employed in such survey, shall be paid not to exceed the sum of two dollars per day for their services out of the proper fund of the county; the surveyor shall be paid as provided by law for the time occupied by him in viewing, laying out and surveying the road and making the plat and field notes, which plat and field notes must be filed as in this act provided before he receives his said compensation. All claims for services in and about the viewing, laying out and surveying of county roads shall be submitted to and audited by the board of county commissioners. (L. '95, $ 10, p. 85.)

II. Hearing on Report.

The board of county commissioners, at their next meeting after the filing of the report of the viewers, or at the time when the same is filed, if then in session, must fix a time for the hearing of the report, and must cause notice of such hearing to be given to the owners, lessees and encumbrancers of the land to be taken for such road, who have not consented to the establishment of the road and waived their claims to damages therefor, which notice shall be given as follows: If such owners, lessees and encumbrancers reside or are present within the county, then by serving upon them personally within the county a written notice at least twenty days before the time set for said hearing, setting forth the time and purpose of such hearing; and if any of said owners, lessees or encumbrancers are absent from said county, or for any reason cannot be served personally therein, such notice shall be given, as to them, by posting written notice of the time and purpose of such hearing, one at a conspicuous place on the land or left at the residence of the owner, lessee or encumbrancer, as the case may be, and one at a conspicuous place at the court house of ihe county, at least twenty days before the time set for said hearing. (L '95, $ 11, P, 85.)

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12. Hearing Order Establishing Road.

On the day fixed for said hearing or to which such hearing inay be postponed or adjourned, the said board, upon due proof to the satisfaction of the board, made by affidavit, of the service or posting notice of the hearing, as by this act required, shall proceed to the hearing of said report, and shall examine the same, together with the map and the petition, the written claims for damages, the written consent and waivers of damages, and all other papers on file in the proceedings, and shall hear and consider all testimony and documentary evidence adduced for or against the establishment of the road, or as to the amount of damages which should be awarded in any case, and shall, at that time or as soon thereafter as may be, declare by order the decision of the board(1) As to whether the road shall be established in accordance with the report of viewers, or otherwise, or at all, and if the decision of the board be that the road shall be established, and if all persons interested in the lands to be taken have consented to the establishment of said road and have waived their claims to damages therefor, the said board shall, at the same time, make an order finally establishing the road, and shall order that the same be opened in the manner provided by law. If the decision of the board be that the road shall be established, and if any of the persons interested in the lands to be taken therefor shall not have consented to the establishment of the road, or waived their claims for damages therefor, or shall claim damages therefor, said board shall at that time, by order, declare the amount of damages awarded by such board to each of such persons, and shall order the amount of such award to be set apart in the treasury out of the proper fund, to be paid to the proper owner or claimant upon his showing or establishing his right thereto, and if the awards be accepted the board of county commissioners shall make an order finally establishing such road, and directing that the same be opened in the manner provided by law. (L. '95, § 12, p. 86.)

13. Right of Way May Be Condemned.

If any award of damages is not accepted within thirty days from the date of the award, it shall be deemed rejected, and the

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