The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1870-09-15
CHAPTER l24.

AN ACT to empower school boards to
procure school house sites.
Sec 1. Bet enacted Dr. the General
assembly Of the State Of 'Lo'ca, that it
shall be lawful for any school board in
this State, whether ofuistrict township
or Independent district, heretofore or.
ganized or that may hereafter be organ
lied under the laws of this State, to take
and hold under the provisions contain
ed in this act, as much real estate rs
may be necessary for the location ana
construction ola school house, anu con-
venient use Of the school provided that
the real estate so taken, otherwise than
by the consent ofthe owner or owners,
snail not exceed one acre; aud, procM-
ed further, that grounds appropriated to
orchards, gardens and public parks,
shall be excluded from the provisions OF
this act and provided further, that all
sites shall be selected on some public
road, and not within twenty rods of any
residence, without the consent OF the
owner, except in cases of independent
districts.
See. .. Such school board may take
and hold real estate for school house
purposes, forapricc to be agreed upon by
! 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 ascertaincd ana
determined by appraisers to be appoint
by the county superintendent OF the
county where such real estate is situated
in conformity with the provisions of
this act.
| Sec. 3. the owner of any rca! es-
state Oh which said school board may
desire to locate school house. refuses
or neglects to grant the site on his or
! her premises, or if such owner cannot
he found, the county superintendent OF
the county in which said real estate may
| be situated, shall upon application OF ell
Their party, appoint three disinterested
persons of said county, unless smaller
number is agreed upon by the parties,
! whose duty it shall be, after taking an
oath or affirmation to faithfully and i'm
partially discharge the duties imposed
upon them by this act, to inspect said
real estate, and assess the damages
which said owners will sustain by the
| arprorriation of his or her land for the
use of said house and school (said coun-
! ty superintendent giving to the OF such
/ real estate the same notice rs is required
| for the commencement OF Il suit at law
! in the district court Of Iowa, of the time
of such assessment of damages and
make report in writing 10 the county
7 Superintendent of said county giving
/ the amount of damag description +
! land, and exact location,) who shall liie
and preserve the same in his office. II
said school board shall at amy time be-
/ fore they enter upon said land for tie
purpose of building or nstructlns said
house, deposit with the county treasurer
! for the use Of said owner, the 1uln 50 as
sessed a aforesaid, they shall be hereby
authorized to build or construct said
house, and maintain their right to said
premises; provided that either party
may have the right to appeal from such
assessment OF daEia-c-, IT, the circuit
court of the county where such real eo-
tate is situated, within twenty days al
ter re crivin5 notice that such assess
ment is made, which appeal shall not
! delay the prosecution of sle work upon
said house If said school board shall first
pay OF deposit with the county treasurer
! the amount - assessed by si:vh apprais-
erS, and III no case shalt said school
board he liable for the costs on appeal.
un,cs~ he owner Of said real estate shall
be adiuG-cl II Z rltrr amount of dam
ages than was awarded hy said appra;~-
ers. The school board shall in all eases
lay costs of the first assessment
Sec. 1. The title acquired hy said
school districts in aud 10 ~;s! real prop
crty, shall be 10" school purposes only,
and ia case the same stioull cease Ia be
used for sal parpo-c fog The spuce Of
two wears, then the title acquired in
said land under til, act -hA,i revert to
Tie owner OF the fee .,.ml'1 title Of he
same upon the rcpayIncmt ~ him of tie
amount paid f'r said i;tM,l 10y sail Dis
trc,, without interest, together wi,h tie
valUe al any improvements thereon
erected rs -4!d district.
S;cs' ), This Act being deemed of i'm,
mediate importance, shall take effect
ANA be in force Oh ANA af.rr It's pubiira-
ti"n in the Dr> Moines D,iHY Btttfa.