If at least one (1) of the viewers is disqualified, the court shall, within ten (10) days of the date of disqualification, appoint an individual having the qualifications required by this chapter to replace the disqualified viewer as follows:

1. (1) If the surveyor is disqualified, the court may appoint a qualified registered engineer to replace the disqualified surveyor.
2. (2) If a county commissioner is disqualified, the court shall appoint another county commissioner from the same county to replace the disqualified commissioner.

3. (3) If the representative of the department is disqualified, the court shall appoint a new representative from the department selected from a list of two (2) representatives recommended by the director.

   [Pre-1995 Recodification Citation: 13-2-18-5 part.]

As added by P.L.1-1995, SEC.19.