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§ 74-28. Confirmation of report; payment of damages; rights of petitioner.

§74‑28.  Confirmation of report; payment of damages; rights of petitioner.

After the filing of the reportand confirmation thereof by the clerk, who shall have power to confirm or, forgood cause, set aside the same, the petitioner shall have full right and powerto enter upon such lands and make such ditches, drains, or other necessarywork: Provided, he has first paid or tendered the damages, assessed as above,to the owner of such lands or his known and recognized agent, if he be aresident of this State, or have such agent in this State. If the owner be anonresident and have no known agent in this State, the amount so assessed shallbe paid by the petitioner into the office of the clerk of the superior court ofthe county for the use of such owner. (1871‑2, c. 158, s. 12;Code, s. 3298; Rev., s. 4957; C.S., s. 6923.)

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