1899 private laws – Ch.262 Sec.33

That the board of commissioners shall have power to lay out and open any streets within the corporate limits of the town, and shall have full power and authority to condemn, appropriate or use any lands necessary for any of the purposes named in this section, upon making a reasonable compensation to the owner or owners thereof; but in case the owner of the land and the commissioners can not agree as to the damages, the matter shall be referred to arbitrators, each party choosing one, who shall be a freeholder and a citizen of the town; and in case the owner of the land shall refuse to choose such arbitrator, then the sheriff of the county shall in his stead select one for him, and in case the two chosen as aforesaid can not agree they shall select an umpire, whose duty it shall be to examine the lands condemned and ascertain the damages sustained and the benefits accruing to the owner in consequence of the change; and the award of the arbitrators or umpire shall be conclusive of the rights of the parties and shall vest in the commissioners the right to use the land for the purposes specified, and all damages agreed upon by the commissioners or awarded by the arbitrators or umpire shall be paid as other town liabilities, by taxation: Provided, that either party may appeal to the superior court as now provided by law.