Section 4

Section 4

Said precinct is authorized and empowered to enter upon, take and appropriate any springs, streams or ponds not belonging to any water company, to construct reservoirs, to make excavations through, over, in, or upon any land or enclosure, street highway or lane through which it may be necessary to pass or lay its pipes, to construct its reservoirs, water works, sewerage systems and sewage and waste treatment facilities and to repair the same. Provided, that if it shall be necessary to enter upon and appropriate any stream, spring, or pond, or any land for the purposes aforesaid, or to raise or lower the level of the same, and if an agreement with the owners thereof for the damages that may be done by said precinct cannot be made, or if such owners shall be unknown, said precinct cannot be made, or if such owners shall be unknown, said precinct, or the parties injured, may apply to the superior court, at a trial term of the same in Carroll county, to have the same laid out and the damages determined, and the said court shall refer the same to the county commissioners for said county, who shall appoint a time and place of hearing in the same manner as is provided by law for the laying out of highways. And said commissioners shall make report to said court and said court may render judgment thereon and issue execution accordingly. If either party shall desire before reference to said commissioners, they shall be entitled to a trial by jury in such manner and under such regulations as the court may prescribe.