§ 185. Difference about improvements. When the town superintendent or
the officers of a village or city having the powers of town
superintendents therein, shall desire to make a new or altered highway
extending beyond the bounds of such town, village or city, a better
highway than is usually made for a common highway, with a special grade
or roadbed, drainage or improved plan, and are willing to bear the whole
or a part of the expense thereof beyond such bounds, but cannot agree in
regard to the same, upon written application of either of the
superintendents or officers and notice to all parties interested, such
court shall make an equitable adjustment of the matters, and may direct
that in consideration of the payment of such portion of the additional
expense by the town, village or city that desires the improved and
better highway, as shall be equitable, its officers, contractors,
servants and agents may go into such town, village or city, and make the
grade and roadbed, and do whatever may be necessary and proper for the
completion of such better highway, advancing the money to do it; the
amount of damages to each owner or occupant shall be ascertained and
determined by the supreme court in accordance with the eminent domain
procedure law, such court shall, on notice to all parties interested,
direct that the amount of damages assessed each owner or occupant, if
any and all such expenses be paid by each, any or all of such towns,
villages or cities as shall be just and equitable, and the damages and
expenses assessed and allowed, as in this and the last preceding
sections, shall be paid and collected as if fixed by the town
superintendents of the towns, or the officers of such villages or cities
having the powers of such superintendents.