Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1857-02-03

,aid grade, and the city AUTHORITIES shsll
liter said grade 10 each . msnner IS to
oiure or diminish the value Of said
property, ssid city shall pay to the own
" or owners Of said property 90 injured,
Tho amount Of such dsmage or injury
Sac. Q. Said damage or injury shall
bs assessed by three pcrsons, one u
whom shsll be appointed by tho Mayor
Of said city, ono BY tho owner OF the
and ono BY those two 90 sppo'"-
ted, or in case Of their dissgres@e"s' oy
the Mayor and owner, or in case OF their
by the City Council; F'o-
pided that il tho owner OF such properly
shall fail to appoint ono such appraiser
in ton days from the time Of receiving
notice no 70 do, then tho City Council
.h.ll appoint oil said appraisers, and no
such alteration Of grade shall be made
until said DAMAGE 90 assessed shall have
been paid or rendered to the owner or
owners Of the property 90 injured or
damaged.
SEc. 10. The Commissi oners shall be
sworn faithfully to execute their duties
according to the beat Of their sb lily
Before enterisg upon their du''es they
shall give notice to the persons interest
oil Of the time ani place OF their meet
ing for tho purpose Of viewing the prem
ises and making their assessment, ss least
ten days before { e time Of such meet
ing, by publishing tho same in so"e
newspaper Published in said city. They
shall view the premises, and In their dis
CT et.on receive any legal evidence, and
may adjourn from d"y to day.
SIC. II II there should be any build
ing standing in whole or in part upon
the land to DO taken, tho Commissioners
before proceeding to make their ssscss-
INC mt. shall first estimate ani dete rhine
the whole valnc of such building to the
owner, aside from the value OF tho land
and the injury TO him in having such
building taken from him; and eecondly
the value Of such building to him to re.
move.
SEC. IL. At least tive days personal
notice shall be given TO the owner, OF
such determination. when known and
resident Of the city, or left at his usua
place Of residence. II not known, or
non residen', notice o oil persons int
rested shall be given nv publication fo'
ten days in some newspaper OF said city
Such notice shall be signed by tho Com
missi toner's, and specify the building ant
tho award OF the Commissioners. !
shall also require parties interested t.
appear on q day therein named or Civ
? notice OF their election to the City Coun
, oil, either to accept the award Of tn
Commissioner and allow such building
90 be taken with tho land condemned Of
appropriated. or Of their intention to re-
move such building at the value set there
on by the Commissioners to remove
II the owner shall sgroe to remove th'
building, he shsll have such time FOL
tho removal a. the City Council maj
allow.
SEC. l3. If the owner refuse to taxi
the buildir & at the value to remove, o.
fail to give notice Of his election o.
aforesaid within tho time Prescribed
the City Council shall have power to d.
reot the salc Of such building st public
auction, for cash, giving ten days public
notice Of the sale. The proceeds OF The
.ale shall be paid to the owner, or depos'
ted to his use.
SEQ. IL. The Commissioners shsl
thereupon proceed to make their asses
Insut and determine aod appraise to the
owner or owners the value OF the res
eststs appropriated for the improvement
and the injury arising to them respective
" from the condemnation thereof, whic!
shall be assessed u such owners resps ct
lively a. DAMAGE, after making all du
allowances therefrom for any bene6
which such owners may respectively de
rive from such improvement. In the e.
innate Of damage to the land, the Com
missioners shall include the value Of ID
building (if the property Of the owne
Of such land) ~ estimated by them a
Aforesaid, lees tho proceedS Of the sal
thereof, or il taken BY the owner. At tn
value to remove; in that casa they shsl
only include the difference between suo
value and the whole estimated value 0
} suoh building.
; Sec. Is. II the lands and building
belong to different persons. or il ID
land be subject to lease, or mortgage
tho injury done to such persons respect
lively may be awarded to them by ID
Commissioners, lsss The benefits result
ing to them respectively from the i'm
provsmsnt.
SEQ. l6. Having asosrtainsd the dam
; sges and expenses Of suoh improssmsn
- aforesaid, the Commissi onsrs shal
thsrsupoo spporsion and assess the can
soesshsr With The costs Of The proceed
ises. the real estate BY then. deem
ID bsns6tssd, In proportion to the bsns
} dts resulting thereto from The improve
msnts.as nearly - may be,and shall De
scribe the real estate upon which thei
. Assessment may DO made. When CON
pletsd the Commissioners shsll sign an
. return the came to the City Council with
in forty days Of their appointment.
Sec. II. The Clerk shall give t.
: dsys notice In soss Newspaper Of sai
Oikv thAk snah aaanaaAank haa haan %