New Jersey Acts Saved from Repeal ACTS SAVED 27 § 17-1(6)

6. That after said board shall have heard and considered any objections which shall, as aforesaid, have been presented to them, they may, if they deem it for the best interest of the county, declare by resolution, provided a majority of all the members of said board vote in favor of the resolution, that said road shall be laid out, opened and improved in accordance with the provisions of this act, and such board, their agents and employes, shall have full power at all times to enter upon any lands for any of the purposes contemplated by this act; and any land and real estate deemed necessary by the said board for the laying out, opening, constructing, improving and maintaining such road or any part thereof, may be taken therefor, and the value and damage assessed be allowed for the same in the manner herein provided, that is to say, the said board of chosen freeholders, after declaring by resolution as aforesaid, that the said road shall be laid out and opened, and after the adoption of the location and course thereof, shall immediately, by a petition in writing signed by the director and clerk of said board, make application to a justice of the supreme court of this state for the appointment of three commissioners, and upon such application when so presented, said justice shall make an order fixing a time and place when said commissioners will be appointed, which time shall be not less than fifteen days from the making of such application, which order shall be published in at least one newspaper published and circulated in said county, and in such other manner as said justice may direct, for a time not less than fifteen days, at which said time and place, upon satisfactory evidence of the publication of such order as aforesaid, he shall appoint under his hand three discreet and impartial freeholders, residents in this state, commissioners to examine and appraise the land, real estate and other property to be taken for the laying out and opening of said road, and the damage to be done to the owner or owners thereof by taking the same upon such notice to be given to the persons interested as shall be directed by the justice making such appointment, either personally or by publication or otherwise; and it shall be the duty of the said commissioners, having first taken and subscribed an oath or affirmation faithfully and impartially to discharge the duties of their appointment (which oath or affirmation shall be filed with the clerk of said county), to meet at the time and place appointed in said notice, and proceed to view and examine the said lands, real estate and other property to be taken in laying out and opening of said road, and to make a just and equitable estimate and appraisement of the compensation and damages each owner of the real estate and land to be taken will sustain by reason of such taking, considering in such appraisal the condition in which each owner's parcel will be left after taking so much thereof as will be necessary for said opening, and the benefits that will result from such road to the owner or owners of such land and real estate, and when the estates in any of said lands and real estate are not known they shall appraise the compensation to be made for and damages to be done to the fee-simple, and separate appraisal shall be made for each separate tract, and said commissioners, or any two of them, shall, within three months from the date of their appointment, make their reports in writing, which shall contain a description of each separate tract of land and real estate taken and be under their hands and seals, and shall file the same within ten days thereafter in the clerk's office of such county, to remain on record therein, together with their appointments and proof of notice aforesaid; a copy of which report, certified by the clerk of the county under his seal of office, shall be filed with the clerk of the board of chosen freeholders and by him presented to the board at its next regular meeting, and thereafter such report shall remain of record in his office, and thereupon, and on the payment or tender of payment of the amount awarded as hereinafter provided, the said board of chosen freeholders is hereby empowered to enter upon and take possession of the said lands and real estate, and the said report, or a copy thereof certified by the clerk of said county, and proof of payment or tender of the amount awarded, shall at all times be construed as evidence of the right of said board of chosen freeholders to have, hold, use, occupy, possess and enjoy the said lands and real estate for the purposes of said road; and the said justice of the supreme court shall, upon application of either party, and upon reasonable notice to the other, tax and allow such costs, fees and expenses to the commissioners, county clerk or others performing any of the duties prescribed in this section, as he shall deem equitable and right, which shall be paid by the county collector upon certificate of such justice; provided, that if for any reason the said commissioners are unable to appraise the compensation and damage for the taking of any land and real estate within the three months above mentioned, the said commissioners may make report, or supplementary report or reports, within such further time or times as the said justice on the application of said board may direct; and provided, that if any or all of said commissioners shall die, or for any other reason be unable to make such report, then the said justice, or any justice of said supreme court, upon like notice, may appoint other freeholders qualified as aforesaid, in the place or stead of the commissioners so deceased or otherwise unable to act, who, after taking oath or affirmation as aforesaid, shall proceed as if originally appointed; and provided, further, that should any such board of chosen freeholders of any county acting under the provisions of this act, or the owner or owners of any land or real estate, feel aggrieved by the decision of the commissioners aforesaid, he, she or they may appeal to the circuit court of said county at any time within thirty days after the filing of the said report by the said commissioners.