40-832. Right of way through lands of persons
under disability
If it is necessary for any of the purposes enumerated in this article for a
corporation to acquire land, estate or right therein, which is the property of the estate
of an infant, insane person or deceased person, the personal representative may sell and
convey the land, estate or right to the corporation, when approved by the judge of the
superior court having jurisdiction thereof. The judge of the court shall examine into
the terms and conditions of the sale and conveyance, and if just, fair and proper, shall
enter an order of approval and endorse the approval upon the conveyance. Thereupon the
conveyance shall have the same force and effect as conveyances made by persons competent
to convey in their own right.
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