372:13 Appeal. –
If either party is aggrieved by the award of the department of transportation, such party, within 60 days after the report is filed in the office of the secretary of state, and not after, may file in the office of the clerk of the superior court of the county in which the land is situated a petition to have the landowner's damages assessed by a jury, upon which petition the clerk shall issue a summons; and, after the summons has been served, the court shall assess such damages by a jury, unless the parties agree upon a different method.