Any person proposing to erect a dam or to increase, permanently or by flashboards, any existing dam, having obtained a permit from the department as provided in RSA 482:31, may file in the superior court a petition setting forth the location, height and description of the proposed dam or increase in any existing dam, and the title and description of the land involved or the rights in the land to be taken, and applying for the assessment of damages occasioned by such taking in advance of the taking. The court shall then proceed in accordance with the provisions of RSA 482:35-39, inclusive.
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