Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1857-02-04

-
alter said grade in such manner ~ 70
injure or diminish the value of said =
property, said city shsll pay to the own
CT or owners Of sid property 80 injured,
tbs amount Of such damage or injury
Sac. 9. Said damage or injury shall
be assessed by three persons, ono OF
whom shsll bs appointed BY the Mayor
of said city, one by the owner Of the
property, end one by those swo 90 sppo'n-
ted, or in case Of their disagreement, b,
the Mayor and owner, or in case Of tes's
Disagreement, by the City & ounc'l: FRO
ri ded that il the owner Of such property
shall fail to appoint one such appraiser
in ten days from The time OF receiving
notice 30 t. do, then the City Council
shall appoint all said appraisers, and no
.uch alteration Of grade shall be made
until said damages so assessed shall have
been paid or rendered to the owner or
owners Of the property 50 injured or
damaged.
SEC. 10. The Comm ssioners shall be
sworn faithfully to execute their duties
according to the best Of their sb lily
Before entering upon their duties they |
shall give notice to the persons Interest," |
ed OF the time and place OF their meet
ing for the purpose Of viewing tie prem
ises and making their assessment, at least
ten days before t 6 time OF such meet
ing, by publishing the same in some
newspaper published in said city. They
shall view the premises, and in their dis
crction receive any legal evidence, and
may adjourn frog, 'ias to day.
SEC. IL II there should be any build
ing standing in whole or in part upon
the land to be taken, the Commissioners,
before proceeding to make their assess
me nt shall first estimate AMI dotc rhine
the whole value Of such building to the
owner, aside from the value OF tho land
AMI the injury to him in having such
building taken from him; and secondly
the value Of such building to him to re-
move.
SIC. T. At Ieas, hive days persona!
notice shall be given to the owner. Of
Oh determination. when known and n
resiien, of the city, or lcf, At his usual
place Of re.dcnce. If not known, or u
non resiicn', notice all persons inte
rested shall be given bv publication for
ten days in come newspaper of said c':y.
Such notice shall Go signed by the Com
missioners, and specify the building md
tho award Of the Commissioners. II
shall also require parties Interested I"
appear on n dav therein named or give
r notice of their election TO the City Coun-
, Gil, either to accept the award OF the
8 Commissioners and allow such building
to be taken with the land condemned OF
appropriated, or of their intention to re-
move such building at the va ue set there
on by tho Commissioners to remove -
II the owner shall agree to remove the
building, he shall have such time for
the removal as the City Council may
allow.
Sac. 10. II the owner refuse to take
the build, ut the value TO remove, OF
fail to give notice of his election a'
aforssaii within the time prescribed,
the City Council shall have power to dl-
rect the sale Of such building at public
auction. for cash, giving ten days public
notice Of the sale. The proceeds Of the
> sale shall be paid to the owner, or depos-
ted to his use.
Sec. IL. Ths Commissioners shall
,hereupun proceed to make their n-scs-
men, and determine and npprai-e TO the
owner or owners the value Of the real
estate appropriated for tho imIrosemrn'
and the injury arising TO them res, ect've
ly from the conde mr. alton thereof which
shall be assessed to such owners rc-ps CT
lively as DAMAGE, after making al du,
. allowances therefrom for any bencf
=. which such owners may respectively dc
rive from such improvement. nthe es'
o innate OF damage to the land, the Com
e missiobers shall include the value Of tn,
= building (if..he property ~ the owner
r Of such land) as estimated by them :.
n aforesaid, less the proceeds IT the ssl
Il thereof, or if taken by the owner. "a, tn
: value TO remove; in that case they shall
y only include tho difference beta een sucl
j. value and the whole esti,na ted va!ue o
> such building.
= Sec. Is. II the lands and building
d belong to different persons, or il n
n land be sui jeot to lease, or mcrtssgs
l. the injury done to such persons respect
lively may be awarded to them by h
;, Commissioners, less the benefits result
d ing to them respeo,isely from the i'm
!. provemcnt.
IL Sec. l0. Having ascertainei the Jan
y sges and expenses Of such impro:smsn
J ss aforesaid, the Coumissi ,neps shsl
- thersupoa apporsian and asssss the cam
,r togsthss With the oos.s Of The proceed
d ings,upon the real sssats BY thsm deem
b Cd benefited, in proportion TO the bone
'e 6ts resulting thereto from tho improve
d ments,as nearly as may be,snd shall de-
d scribe the real estate upon which thei
10 assessment may DO made. When com
ID pletcd the Commissioners shall sign an
r return the same to the City Council with
e in forty days Of their appointment.
D. Sec. II. The Clerk shall give t.
J. days notice in soms newspaper OF ssi
= City that such assessment hss bsen II
u turned and on day 70 Be speei6si Tiers