Title 22, Chapter 2, Section 42
( 22-2-42)
If the two assessors selected by the condemnor and the condemnee do
not agree upon a third assessor within five days after the selection
of the second assessor, the judge of the superior court of the
county where the property or interest is situated shall, upon
application of either party, of which the other shall have notice,
make the selection. | 
