Sec. 6. Proceedings by commissioners.

Before entering upon the performance of their duties, the commissioners shall take and subscribe
an oath that they will faithfully perform their duties as commissioners, which oath shall be filed in
court with the other proceedings in the case. Evidence may be introduced by either party before
the commissioners who are authorized to administer oaths on hearings before them, and the
commissioners shall, unless the parties consent to the contrary, after due notice to the parties to
attend, view and examine the property sought to be expropriated and its surroundings, and may
measure the same, after which either party may, by himself or counsel, argue the case. The
commissioners shall assess the consequential damages to the property not taken and deduct from
such consequential damages the consequential benefits to be derived by the owner from the
public use or purpose of the property taken, the operation of its franchise by the corporation or
the carrying on of the business of the corporation or person taking the property. But in no case
shall the consequential benefits assessed exceed the consequential damages assessed, or the
owner be deprived of the actual value of his property so taken.

1. What do commissioner do before entering into their duty?

 Take and subscribe an oath
 Faithfully perform their duties
 Filed in court

2. Evidence
 May be introduce by either party before the commsioner

3. After due notice to the party to attend, what will the commissioner do?
 View and examine the property and its surroundings sought to be appropriate
 May measure
4. Party/ Counsel argue the case
5. Commissioner assess the consequential damages (CD) and deduct the consequential
benefits (CB)to be derived by the owner from
 The purpose of the property taken
 The operation of its franchise by the corporation
 The carrying on of the business of the corporation or person taking the
property
In no case shall
 CB excess CD
 Owner be deprived of the value of the property
Sec. 7. Report by commissioners and judgment thereupon.
The court may order the commissioners to report when any particular portion of the real estate
shall have been passed upon by them, and may render judgment upon such partial report, and
direct the commissioners to proceed with their work as to subsequent portions of the property
sought to be expropriated, and may from time to time so deal with such property. The
commissioners shall make a full and accurate report to the court of all their proceedings, and
such proceedings shall not be effectual until the court shall have accepted their report and
rendered judgment in accordance with their recommendations. Except as otherwise expressly
ordered by the court, such report shall be filed within sixty (60) days from the date the
commissioners were notified of their appointment, which time may be extended in the discretion
of the court. Upon the filing of such report, the clerk of the court shall serve copies thereof on all
interested parties, with notice that they are allowed ten (10) days within which to file objections
to the findings of the report, if they so desire.

The commissioners may be ordered to report when:

 Any portion of the property has been passed upon by the court. The court may:
i. render judgement upon such partial report
ii. direct the commissioner to proceed as to subsequent portions
iii. deal with such property from time to time

Additional duty of the commissioner

 make a full and accurate report of all proceedings
 report shall be filed
i. within 60 days from the date of commissioner’s appointment
ii. extended upon court’s discretion

The proceedings shall not take effect until

 court have accepted their report and
 rendered judgment in accordance with their recommendations

Cleark of courts shall:

 serve copies on all parties
 with notice that:
 they have 10 days to file objections

NOTES:

Commissioners report on the value of the condemned land is not final nor conclusive
 judgment of the court is necessary to give effect to their estimated valuation.

How will the court decide upon the report?

The Court may:
i. accept the commissioners' report unreservedly
ii. it may return the report for additional facts;
iii. it may set the report aside and appoint new commissioners;
iv. it may accept the report in part or reject it in part, and "make such final
order and judgment
correct the commissioners' re- port
If the testimony of value and damages is conflicting
How is judgment by the court of the value of the land derived?
 after a consideration of the ff which must be submitted upon the hearing
i. evidence submitted to the commissioners
ii. their report
iii. the exceptions thereto submitted upon the hearing of the report

Awards must be supported by the evidence adduced at their hearings and made of record, or it
cannot stand.
 The commissioner’s view of the premises, whenever there are conflicting issues, is intended
solely for the purpose of better understanding the evidence submitted.

Need to view premises

 enables commissioners to better understanding the evidence submitted
 understand the declarations of witnesses as to the:
i. value of the land
ii. its condition
iii. the conditions of improvements which may be located upon it
iv. comparisons made between the condemned land and other land in the
vicinity may all be better understood by the commissioners if they
Weight of Commissioners' Report
 Being disinterested landowners, selected for their ability to arrive at a judicious decision in
the assessment of damages, and being allowed to view the property, their report is entitled
to greater

To allow the commissioners to make up their judgment on their own individual knowledge of
disputed facts material to the case:
 would deprive the losing party of the right of cross-examination and benefit of just
compensation therefor
It is the duty of each party to submit what evidence of value he has:
 if he fails to do so he cannot complain if the appraisement is kept within the bounds of the
evidence presented to the commissioners.