The Commissioners of said town shall have full power and authority to open any new streets when it shall be deemed necessary; and where the owner of the land and the Commissioners cannot agree upon the compensation which he ought to receive, the said Commissioners shall have full power to condemn the land necessary by making just compensation; and in case of any such disagreement, the Commissioners shall cite the land owner to appear before them on five days’ notice to show cause why the land should not be condemned, and why he should not accept the compensation tendered. At such time, if the Commissioners are of the opinion that the land should be condemned, and that the compensation is just, if the owner refuses to accept the compensation offered, they shall issue an order to the Zoning Administrator to summon three disinterested and competent freeholders of said town, who shall go upon the premises after giving the land owner five days’ notice, and determine what compensation is just and make their report to the said Commissioners. In assessing damages, the jurors shall take into consideration any benefits that may accrue to the land owner not common to other citizens by opening the street. Either party dissatisfied with the damages assessed by the jury may appeal to the Superior Court in term by giving bond in the sum of two hundred dollars for costs, but no appeal shall prevent the opening of said street pending the appeal.
(1992 Code, Charter Art. II, § 7)