1901 public laws – Ch.418 Sec.11

When any land or right of way and trees within dangerous proximity to lines may be required by said company for the turpese of constructing its works or building its roads, and for want of agreement as to the value thereof, or for any other cause, the same can not be purchased from owners, the same may be taken at a valuation to be fixed by five commisSioners, or a majority of them, to be appointed by the Clerk of the Superior Court of the county wherein said land is situated. In making the said valuation the said commissioners shall take into consideration the loss or damage which may occur to the owner or owners in consequence of the land being surrendered, as well as the advantage accruing to said property: Provided, nevertheless, that if any person or persons on whose land the said works may be located, or if said company shall be dissatisfied with the valuation of said commissioners, then and in that case the party so dissatisfied may have an appeal to the Superior Court in the county wherein the valuation has been made, or in either county in which the land may be when it shall be in more than one county, subject to the same rules, regulations, and restrictions as in cases of special proceedings. The proceedings of said commissioners, with a full description of the land shall be returned under their hands and seals, or a majority of them, to the Court from which the commission was issued, there to remain a matter of record, and the lands so valued shall vest in fee in the said company as soon as the valuation shall have been paid or tendered: Provided, that upon application for the appointment of a commissioner under this section, it shall be made to appear to the satisfaction of the Court, that at least ten days notice had been previously given of the application to the owner or owners of the land so purposed to be condemned, or if the owners be under disability, or the guardians of such owners as are under disability can not be found within the county, or the owner or owners are not known; then, that such notice of such application has been published once a week for at least four weeks in some newspaper printed in the county in which the application is to be made: And Provided further, that the valuation provided for in this section shall be made on oath by the commissioners aforesaid, which oath may be administered by any person authorized by law to administer oaths: And Provided further, that the rights of condemnation herein granted shall not authorize said company to remove or invade the yard or garden around the private dwelling, the burial grounds of any individual [without] his or her consent; and the lands aforesaid, for the purpose of this act, are hereby condemned for public purposes.