TITLE 47

MINES AND MINING

CHAPTER 9

RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES

47-909.  Appeal from commissioners’ award — Bond. Appeals from the assessment of damages made by the commissioners may be made and prosecuted in the proper district court by any party interested, at any time within ten (10) days after the filing of the report of the commissioners. A written notice of such appeal must be served upon the appellee in the same manner as summons is served in civil actions. The appellant must file with the clerk of the court to which the appeal is taken, a bond with sureties to be approved by the clerk in the amount of the assessment appealed from in favor of the appellee, conditioned that the appellant will pay any costs that may be awarded to the appellee, and abide any judgment that may be rendered in the cause.

History:

[(47-909) 1876, p. 70, sec. 9; R.S., sec. 3138; reen. R.C. & C.L., sec. 3231; C.S., sec. 5545; I.C.A., sec. 46-809.]