The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1870-06-23

papers published at Des Moines
Iowa.
Approved April 14,i1870.
I, Ed. Wright, Secretary Of State,
hereby certify that the foregoing act
| was published in the Daily Iowa
State Register April "a, and in the
Des Moines Daily Bulletin, April
26, 1870.
Ed WRIGHT,
Secretary of State.
CHAPTER 1874.
AN ACT to empower school boards
to procure school house sites.
Sec. 1. Be it enacted by the General
Assembly of the State of Io,ca, That
it shall be lawful for any school board
in this State, whether of district
township or independent district,
heretofore organized or that may
hereafter be organized under the laws
Of this State, to take and hold under
the provisions contained in this act,
SO much real estate as may be neces-
sary for the location and construction
of school house, and convenient use
fthe school, provided that the real
estate SO taken, otherwise than by
tho consent Of the owner or owners
shall not exceed one acre; and, pro-
vided further, that all sites shall be
selected on some public road, and not
within twenty rods ofany residence,
without the consent of tho owner,
except in cases of independent dis
tricts.
Sec..2. Such school board may take
and hold real estate for school house
purposes, for price to be agreed
upon with the owner thereof, or the
damages to be paid by such school
board for any real estate taken as
aforesaid, when not agreed upon,
shall be ascertained and determined
By appraisers to be appointed by the
county superintendent of the county
where such real estate is situated in
conformity with the provisions Of
this act.
Sec. 8. If the owner OF any real
estate on which said school board
may desire to locate school house,
refuses or neglects to grant the site
on his or her promises, or if such
owner can not be found, the county
superintendent of tho county in
which said real estate may be situa-
ted, shall upon application of either
party, appoint three disinterested
persons Of said county, unless q
smaller number is agreed upon by the
parties, whose duty it shall be, after
taking an oath or affirmation to faith
fully and impartially discharge the
duties imposed on them by this act,
to inspect said real estate, and assess
the damages whicn said owners will
sustain by the appropriation of his
or her land for the use of ssid house
and school (said county superinten-
dent giving to the owner of such
real estate the same notice as is
Required for the commencement of q
suit at law in the district court OF
Iowa, of the time ofsuch assessment
of damages) and make report in
writing to the county superintendent
Of said county (giving the amount Of
damages, description of land, and
oxact location,) who shall file and
preserve the same in his Office. Il
said school board shall at any time
before they enter upon said land fol
the purpose of building or construc
ting said house, deposit with the
county treasurer for the use of said
owner, the sum so assessed as afore
said, they shall be thereby author
lied to build or construct said house
and maintain their right to said
promises provided that either party
may have the right to appeal from
such assessment of damages, to thu
circuit court Of the county where such
real estate is situated, within twenty
days after receiving noti,e that such
assessment is made, which appea
shall be final but such appeal shall
not delay the prosecution Of worl
upon said house if said school boar
shall first pay or deposit with The
county treasurer, the amount 81
. assessed by such appraisers, and j,
no case shall said school board b,
liable fer costs on appeal, unless th,
owner of said real estate shall b.
adjudged a greater amount of dana
, ges than was awarded by said apprai
sers, The school board shall in al
cases pay costs of tho first assess
ment.
Sec. 4. The title acquired by sai'
school district in and to said rea
: property, shall be for schoolpurpose
only, and in case tho same shoul
cease to be used for said purpose 70
tho space of two years, then the It'll
i acquired in said land under this nc
+ shall revert to the owner of the fe
0 simple title OF the same upon the re
. payment by him of the princips
amount paid for said land by said dii
, tlict with out interest, together wit
f the value ofany improvements there
on erected by said district.
). See. 5. This Act being doeme
r of immediate Importance, shall tax
) effect from and alter its publieatio
= in tho Des Moines Bulletin and ID,
0 Moines Register, newspapers pu|
4 lished at Des Moines, Iowa.
) Approved April IA, 1870.
s l, Ed Wright, Secretary of Stat
) hereby certify that the foregoing 81
$ was published in the Des Moin'
c Daily Bulletin. Apul 26. 1870. an