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duration of the interest and estate in the same, required by the said board for the use of the state, and their valuation shall be conclusive on all persons, and shall be paid for by the said board, to the owner of the land, or his legal representatives; and on payment thereof, the state shall be seized of such lands, as of an absolute estate in perpetuity, or with such less quantity and duration of interest or estate in the same, or subject to such partial or temporary appropriation, use or occupation as shall be required and described as aforesaid, as if conveyed by the owner, and whenever, in the construction of the said canal, or any of the works thereof, locks, dams, ponds, feeders, tunnels, aqueducts, culverts, bridges or works of any other description whatsoever appurtenant thereto, it shall be necessary to use earth, timber, stone or gravel, or any other material to be found on any of the lands adjacent or near thereto, and the said board or their agent cannot procure the same for the works aforesaid, by private contract of the proprietor or owner, or in case the owner should be a feme covert, non compos, or