The viewers shall assess the damages claimed by anyone that is justly right and due to him for property taken, injured or destroyed because of an improvement, or for any other legal damages sustained, including the actual estimated amount saved on account of private ditches utilized. Such damage shall be considered separate from any benefit the land would receive because of the proposed work, and shall be paid by the board when funds come into its hands. If any person agrees to waive the damages, the agreement shall be written and filed by the viewers with their report.
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