The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1870-06-10

provisions contained in this act,
SO much real estate az may be ncc-
essary for the location and con-
struction Of 4 school kouse, and
convenient use Of the school, Pro-
cidesK, that the real estate 40 taken
otherwise than by the consent Of
the owner or owners, shall not ex-
ceed one acre /; and, provided fur
ther, that grounds appropriated to
orchards, gardens, and public
parks, shall be excluded from the
provisions of this act /; and. provi-
ded further, that ali sites shall be
selected on some public road, and
not within twenty rods Of any resi-
dence, without the consent of the
owner, except in case IF indcpend-
ent districts. -. 'r-.. *
III See. 2. Such school board may
take and hold real estate for school
house purposes, for a price to be
agreed upon with the owner there
of, or the damages to be paid by
such school board for any real es-
tate taken as aforesaid, when not
agreed upon, shall be ascertain, d
and determined by appraisers to be
appointed by the county superin-
,tendent of the county where such
real estate is situated in contormi-
ty with tn" provisions of this act.
Sec. 3. If the owner Of any real
estate on which said school board
may desire to locrte q school house,
refuses or neglects to grant the site
on his or her premises, or if such
owner can not be found, the coun-
ty superintendent of the county
in which said real estate may be
situated, shall upon application Of
either party, appoint three disinter-
ested persons Of said county, unless
a smaller number is ag .eed upon
by the parties, whose du: y it shall
be, after taking an. oath or affirma-
tion to faithfully and impartially
discharge the duties imposed on
them by this act, to inspect said
real estate, and assess the damages
which said owners will sustain by
the appropriation of his Or her land
for the use of said house and school
(said county superintendent giving
to the owner Of such real estate
the samenotice as is required for
the commencement of q suit at law
in the district ccurt Of Iowa, Of the
time such assessment. of damages)
and make a report in writing to
the county superintendent of. said
county giving the amount of dam
ages, description Of land, and ex-
act location,) who shall file aud
preserve the same in his Office. II
said school board shall at any time
before they enter upon said land
for the purpose OF building or con
structing said house, deposit with
the a. comfy treasurer for the
use of said owner, the sum so as
sessed as aforesaid, they shell be
they shall be thereby authorized
to build or construct said house,
and maintain their right to said
premises !. provided that either par
ty may have the right to appeal
from such assessment of damages,
to the circuit court of the county
where such real estate is situated,
within twenty days after. receiving
notice that such assessment is
made, which appeal shall be final |;
but such appeal shall not delay the
Of work spon said
house if said school board shall first
pay or deposit with the county
treasurer, the amount so assessed
by such appraisers, and in no case
shall said school board be liable for
costs on appeal, unless the owner
Of sal. real estate shall be adjudg-
ed greater amount Of damages
than was awarded by said apprais-
crs. The school board shall in all
cases pay costs of the first assess
ment.
4 See. 4. Tie title acquired by
said school districts in and to said
real property, shall be for school
purposes only, and in case the same
should cease to be used for said
purposes for the space Of two years
then the title required in said land
under this act shall revert to the
owner Of the fee simple title of the
same upon the repayment by him
OF the principal amount paid for
said land by said districts without
interest, together with the value
of any improvements thereon ere CT
ed by said district. G
Sec. S. This act being deemed
by the General Assembly. of imme-
mediate Importance shall take ef-
feet from aud after its publication
IN the Daily iowa State Register
and Dcs Moines Daily Bulletin, pa
pers published at Des Moines,
Iowa.
Approved April IA, 1870. /
!, Ed Wright, Secretary of State
hereby certify taat the foregoing
act was published in the Daily
Iowa State Register, April .26, Is
10, and the Des Moines Daily Bull
letin, April 26, 1870
Ed WRIGHT, Sec. of State.