When the owner or person to whom damages are due is unknown or the identity of the person who may be entitled to damages or the amount thereof is uncertain, or his residence is unknown or uncertain, damages may be tendered to such owner or person by depositing with the town treasurer a sum of money equal to the damages assessed, and the town treasurer shall pay such sum without interest to such owner or person upon proof that he is the person entitled to such damages, and in case the town treasurer is not satisfied with the evidence that the claimant is the person entitled to such damages he may deposit the money for such damages with the clerk of the superior court for the county in which the land or property is situate, and the court, after due notice, shall determine whether such person is entitled to the damages. In the case of estates not settled or where doubt exists as to the person or persons entitled to damages, or the amount thereof, a deposit with the town treasurer shall be deemed a tender to the owner and the town treasurer shall notify the judge of probate for the county in which such real estate lies.
RSA 231:19
1945, 188:1, part 5:16. 1949, 182:6. RSA 234:16. 1981, 87:1, eff. April 20, 1981.