(1) Where the opening, changing, or closing of a public highway only affects one (1) commissioner's district, the commissioner shall associate with two (2) other freeholders of the district with whom the commissioner has never consulted on the question involved, and who shall be in no way related to the parties affected by the opening, changing, or closing of the highway, and who shall take and subscribe to an oath before the commissioner to act without favor or partiality in the matter, whose oaths, thus subscribed, shall become part of the record, upon appeal being taken.
(2) The commissioner and two (2) freeholders shall constitute a jury of view.