The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1889-05-09

~ a
or other property to be affected by fowage.
drainage or by the const :uction of bitches,
drains, condills, aqneduc!s or otherwise, and
for that purpose such corporation may, by its
officers and agents enter upon any land for
the purpose OF making such surveys and
| measurements or for Obtaining any other
necessary information relative to the con-
struction or extension Of said water works,
real estate. After such survey shall
have been :, made and such line
located It shall cause to be made map
! showing the location OF said line, extension
| and Improvements, and the lands necessary
| to be taken for such construction, extension
! or Improvement, ana all lands or other prop
otherwise. Said map shall be verified Under
oath by the surveyor making the same as Just
and correct. as he verify believes. Said map
shall also he acknowledged by the mayor.
| such city, town or village so seeking TO con-
demn ana take such real estate, or by the
president. secretary or director of the corpor-
alton SO seeking to condemn and take
map shall be filed as record in the
Office Of the re=ister OF deeds IN and for
the county in which said real estate so sought
TO be condemned, taken aud used is situate,
and a duly certified copy OF said map shall be
filed in the office Of the clerk Of the district
| court in s:id county.
SEC s.. After he making ar., filing Of the
map ard certified copy thereof in the Office
| of register of deeds AID clerk of the district
court in the county where said real estate so
| sought 10 bc condcm" cd and taken is situate,
! the corporation so Intending and desiring to
| condemn. take an ! use said real estate, may
! present to the district court III and for said
| comfy in which said lands so proposed to be
| taken. condemned and used shall he situate,
n petition 81: ned by the president and secre-
Iary of such rorpt ration. or ty the mayor. re-
corder or other executive officer OF said city,
town or village. setting forth description
OF saii enterprise. 10 be prosecuted ny
them: and describing with reasonable
certainty and by reference to said
map or plat, or otherwise. the lands, prop
appropriate. take, use. overflow. drain or
| otherwise affect. setting forth the name of
each and every owner, encnmbrencer. or
other person interested in the same or any
part 'he"et f, SO far rs the same ran be ascer-
| tanned by The public records, and by view OF
! the prcni cs. or. other inquiry touching the
occupation thereof. ant, praying the ap-
! pOin:meit CT three competent d:sntcrested
| persons as commissioners 10 ascertain and
| determine the compensation to be made to
| such owner or owners, respectively. and to
| all TENNIS encumbranccrs and Others inter-
| ested. for The taking or injuriousIy affecting
| such lands "r real estate.
SEC. +. \ notice stating briefly the object
OF the petition and containing a description
| ing the time and pl zee. when and where the
same will he presented 10 said court shall
| be served ON each ana every person named
therein as owner cnc,mblnnccr, tenant or
| days previous 10 the time de>isnated III said
| not ce for the presentation Of said petition.
Such service shall be made by delivering
| copy Of said notice to each person named
| therein it Il resident Of this state, or in case
| OF the absence OF such person Ivy leaving
copy Of such notice at b. or her usual place
of abode, with some person of suitable age
| and discretion then resident therein. In
| case Of domestic corporation s,lch SER
! Vice may be made upon the president, sccre-
t''y or any director or trustee OF such cor
! 'orato'.: in ease Of minors or their guard
| ia;is, u. il, ease no ~ sIHi,n shall have been
| Apo! liCd. then Oh The person who has The
care am! custody Of such mlnor; in case of
idiots, Lana les or distracted persons, on
| guar'!l.,H or committee shall have been APP
ln.inlcd then on the person in whose care or
charge they are found: in case OF feme COW
| erl, OF The husband as we'll AS on the feme
! covert. In al; eases where the owner OF per-
Sons claiming al interest in such real prop
e7iS is II non resident o: ,hi: state, or where
the resiucncc Of such owner or per
the agent or attorney Of the corpora
lion shall be filed showing that
such owner or pccson is nonresident of
this state. or ii It, after tliignnt inquiry. the
residence Is UNKNOWN. Or CANNOT be ascer-
| tanned by s,,"h dcponcn;. service of such no.
licc may be made by the uutl ica,ion thereof
in any newspaper published i'll the county
| three successive weeks; and in ease no news
| paper shall hc published in said county, then
>ich r'i;'li"alion may b" had in newspaper
State. and such publication Saal! bo deemed
:"ivi &C upoH each Of such non resident per-
SONS. CT persons whose re SIDE ace is unknown.
Due proof ct the service. Of Snch notice, by
the affidavit CT The pei:.'@ serving !he same
| OF by the printers affidavit OF publication,
shall e fled with the clerk of such district
court before the presentation OF such petit.
| linn Want OF service ti sil;h notice shall
render The subsequent Proceedings void as to
| The person not served: but all persons hay
ing been served with notice as herein pro-
ride.i. either by publication or otherwise,
| shall lie bound t'y the subsequent proceed
! in,>. In cases where :he enterprise Shall be
| located through or upon school Or university
lands, Or ANY other lands belonging to this
state. such notice shall lie served upon the
secretary Of state or his Si>,ant. and the
comnisS 1ners shall award damages to the
state III like manner as to private persons or
| corporations.
SEC. :. The court may, npon the applica-
tiO!i of tho petitioner or owner or party inter-
eslcI. for reasonable cause. adjourn the pro-
cee.i.lss from time to time: and may order
| new Or further notice 10 be given 10 any per-
son whose interest may be affected. At the
| hearing OF sali petition. If the court shall
have satisfactory proof that all parties inter
estel M The lands described iii said petition
| have been duly served with said notice, as
| above prescribed, the court may then pro-
ceed to determine. first. whether the public
| interests require the prosecution or said en-
| terprisc set forth aud described in said petit
| ton; second. as ~ whether it is necessary in
! the prosecution OF said enterprise to take,
| condemn. use, overflow, drain Or Otherwise
| appropriate, injurc or use said real estate
mentioned and described in the petition, or
! any part thereof; the SAID court may, in its
| discretion, authorize the coadcmning. tax
ing. using OF the whole Or any part of the
| real estate mentioned and described in sand
| petition.
Wien the court is satisfied by competent
| proof, IL shall make an order, which shall be
| entered in The minutes Of said court and
Ind in f1lkss tfiGsn If lott
mining whether the public interests require
the prosecution of the enterprise set forth
and described in The petition, and the real
! estate necessary to be taken and condemned
under said proceedings. The court may
make IN order to be recorded il, the minutes
thereof appointing three competent, disinter-
missioners to ascertain and determine the
| amount u be paid by such corpora ton to
! each OF such owners or persons interested
Us compensation for his or her damages by
reason OF taking or injuriously affecting any
| such land or real estate, and specifying the
time and place Of the first meeting of said CON-
missioners, and fixing their compensation.
Before entering upon their duties. such CON-
missioners shall seyerally take and subscribe
an oath. before some person qualified to ad-
minister oaths, faithfully and 1mpartially TO
discharge the duties Of .heir appointment.
! Sec. =. The commissioners 40 appointed
shall meet at the time and place mentioned
| in the order appointing them, and 10 proceed
to examine all Of the real estate described in
! sssalu petltlOD aha WAp, proposed 10 De uSeO or
taken for sold Improvement, or SO much
thereof as is designated in the order Of the
court to be taken. injuriously affected, appro-
| priatcd or used in said improvement, con-
struction or extension Of ea:d water works,
and shall hear the allegation and testimony
! Of ali persons interested, and proceed to
make in each case separate assessment Of
damages which will result 10 any parties,
persons, corporation or company. by reason
| Of the construction or extension of said water
works. or The taking, using or in1juriously af-
fectfng said real estate, and shall determine.
appraise and award to the owners of such
| land, property, easement. OF any other right
proposed to be taken OR injuriously affected,
the amount OF damages arising to them re-
| spcctively from the taking or injuriously Of
! fecting their said lands, properly. right or
| estate thereof, for the purposes Of said en-
ter prise or improvement.
| SEC. 9. Within sixty days after completing
! their examination and the making Of said
| appraising and assessments of damages, the
| SAID commissioners shall file a report Of their
dOings in the premises in the Office Of the