1907 private laws – Ch.197 Sec.13

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CHAPTER 197 AN ACT TO AMEND, REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF GARNER. The General Assembly of North Carolina do enact:

That the board of aldermen shall have power to lay out and open any new street or streets within the corporate limits of the town, whenever by them deemed necessary ; and they shall have the power at any time to widen, enlarge, change, extend or discontinue any street or streets or any part thereof within the corporate limits of the town; and shall have full power and authority to condemn and appropriate any lands or land 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 said land sought to be condemned or appropriated for the public use by the board of aldermen and the said board cannot agree as to the compensation, then the matter shall be referred to arbitration, each party choosing one, who shall be a freeholder and citizen of the town; and in case the owner of the land refuses to choose such arbitrator, then the mayor shall, in his stead, choose one for him; and in case the two chosen as aforesaid cannot agree, they shall select an umpire, whose duty it shall be to examine the land sought to be condemned and ascertain the damages that will be sustained by and the benefits accruing to the owner in consequence of the change, and the award of the arbitrators shall be conclusive of the rights of the parties and shall vest in the board of aldermen the right to use the land for the purposes for which it-is condemned; and all damages agreed upon between the owner of the land and the board of aldermen, or awarded by the arbitrators, shall be paid, as other town liabilities, by taxation: Provided, that, either party may appeal to the Superior Court from the decision of said arbitra- . tors, as is now provided by law.

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