Title 44, Chapter 9, Section 46
( 44-9-46)
The amount of compensation to be assessed against the condemnor for
the private way desired shall be determined by a verdict of the
jury; and the case shall stand for trial at the first term after
service is perfected or at any subsequent term at which the case may
be reached for trial. If an issue is made by pleadings filed by any
defendant regarding the condemnor's right to have a private way
established or with respect to the location or width thereof, such
issues shall likewise be determined by the jury. Damages assessed
shall be paid into the court and shall be disbursed by the clerk in
accordance with the court's order regarding the party or parties
entitled thereto. |