4. The department of public works shall thereupon deliver to the attorney-general a copy of such description and map, whereupon it shall be the duty of the attorney-general to advise and certify to the department of public works the names of the owners of the lands so described, including the owners of any right, title or interest in and to such lands. The department of public works shall thereupon cause a copy of such description and map, with notice of the filing thereof in the office of the department of state, to be served on the owner or owners of the lands and easement rights so certified by the attorney-general and from the time of such service the appropriation by the people of the state of the property described in such notice shall be deemed complete and, thereupon such property shall become and be the property of the people of the state: Provided, however, that in the event that the lands or interests therein set forth in such description and map shall. be owned by a municipal corporation and used for the purposes of impounding, storing or transporting water for a municipal water supply or for the sanitary protection thereof, such appropriation shall be subject to the express condition that the use and occupation of such lands or interests therein shall not endanger or injure the water-supply structures or other property of such municipal corporation or interfere with the use and operation thereof for water supply or sanitary protection purposes.
5. Such service must be personal, if the person to be served can befound within the state. If the department of public works shall not be able to serve such notice or cause the same to be served upon the owner or owners personally within the state, after making an effort so to do which such department shall deem to be reasonable and proper, service may be made by filing such notice, description and map in the office of the clerk or register of the county wherein the property 80 appropriated is situated, and by causing such notice to
e recorded in the books used for recording deeds in the office of such clerk or register. On the filing of such notice with such clerk or register, it shall be the duty of such clerk or register to record same in the books used for recording deeds in the office of such clerk or register and to index the name of the person or persons to whom such notice is directed as a grantor in an index book to be kept by such clerk or register; and the record of such notice shall be presumptive evidence of due service thereof.
6. If service be personal, the department of public works shall thereupon cause a copy of such notice, together with an affidavit of due service thereof on such owner or owners, to be filed and recorded in the same manner as provided for recording a notice served by filing as aforesaid and it shall be the duty of such clerk or register to record and index same as provided in case service is other than personal; and the record of such notice and of such proof of personal service shall be presumptive evidence of due service thereof.
7. Claims for the value of the property appropriated and for legal damages caused by any such appropriation may be adjusted by the department of public works, with the approval of the railroad corporation or corporations and county or counties bearing a part of the cost of the elimination, even though a claim has been filed with the court of claims, if the amount thereof can be agreed upon with the owner or owners thereof. Upon making any such adjustment and agreement, the department of public works shall deliver to the comptroller such agreement and a certificate stating the amount due such owner on
