The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-03-11

~ AOA may 3uCu U89 yuRtl DC QOuglU
siys AZ TO tho necessity Of such taking.
Inlrty-fourth--The following shall DO
clAs.ihcati0n OF the estates and rights Ii
idhd subject 10 be taken for public uses by
or "a behalf Of said city.
Flfst A fes simple. whom taken for pub.
!lo buildings or grounds, or for permsnen
improvements or waterways.
Second: An easement, when taken 10
any other use.
Thirty dfth-All GLASSES Of private prop
erty may DO taken for tho public uses in thf
act mentioned.
Thifty-sixih-In all cases whore the cit,
couheii, by resolution or ordinance, ha
authorized or shall authorize the taking o.
private property for public uses, just com
penshsion shall be paid 10 the owner o
owners Tor the property 80 taken. and II,
nnal order authof izinR the said city to en-
tsr upon said lands shall be made withou
Hfoylding that before the condemnation
s1aN sake effect the compensation
to be paid to the owner or owner,
SnAll De paid TO such owner or owners O
dcPositsd In court subject to his or theil
order; but at any time after service Of NO.
ice Of the application h%ereinbefore mon
sloneo. the court or judge may authorize
s .;nu cisy, II slready In possession, TO CON.
slnuG snerein, n II not in possession, then
curing the tendency and until the 6naa
conclusion Of such proceedings against
said city on account thereof.
Observation-Disclosures the oity conn
OIL shall, by resolution or ordinance. ordel
any property 70 be condemned for any O.
attorney shall petition TO The district oour1
OF Lewis and Clarke county. Montana
present the ease and AK for the appoint-
ment OF q commission, to consist Of three
oisinterested and competent persons, ia
Make the appraisement Of the value of The
property sought to be taken; said commits
sion shall hear suoh legal testimony "a NAV
be offered by any party TO the proceedinoa
ana for that purpose shall be authorized &c
administer all necessary oaths and there
upon u ascertain and assess:
First-The value of the property sought
70 90 condemned and all Improvements
thereon pertaining reality, and Of each and
1t consists of different parcels. the value OF
each parcel, and each estate or interest
therein shall be separately assessed.
Second-If the property sought To be ron
demned constitutes only a part of a PARCEL.
tion not sought Ia hs cnsSemnaS hv pa ~
of its severance from the portion souoht to
be condemned, and the construction 81 ths
improvements or exercise Of the use in the
n proposed by the CITY %counciI.
Third-Ssparately, how much the prom
ertv not sought to be condemned, and each
estate and interest therein, will be benefit
ted, If at all, by the construction of the inn
ProveUents, or exercise of the use proposed
by the city council; and if the benefit shall
be equal to the damages assessed under
subdivision two of this section, the owner
OF the parcel shall be allowed no compen-
tlon except the value of the portion taken.
it the benefit shall be less than the
damages so assessed, the former shall be
from the latter, and the re-
M n IN nv cha 80 =
In addition to the value.
If the benefits to that portion of the
property not sought to be condemned
which shall accrue to said property bv
of the uses to which it is sought to
be subjected by the city council shall ex-
the damages to such property, then
such excess OF benefits may be deducted
from the value of the property taken and
the difference only shall be paid to the
owner. Provided, always, shat the benefits
any property arising from the uses for
which a portion thereof shall be condemned
sby the city council shall never equal the
value OF the property or portion actually
Thirty-eiRhth-It shall be the duty of the
commissioners to ascertain the actual value
OF the land and premises proposed to be
!sken. without reference to the projected
improve ment, and the actual damages done
the property thereby, and for the pay
ment OF such values and damages to assess
against the city the amount of beneht to
Inc public generally, and the balance
against the owner or owners of all property
whlch shal! be especially benefited by the
proposed improvement in the opinion of
me commissioners, to the amount that each
OF OF said property shall be benefited by
ne Improvement. The sums to be paid by
he owners of property especially benefited
~ the Improvement, rs ascertained by the
commissioners, shall be a lien unon The
property so charged, and shall be collected
.s provided by ordinance and whom collect
ID shall be paid into the city treasury as a
fund to be used exclusively for
he payment of the damages awarded; pro-
'ided, however, that in the opening of an
'lley the Dement'S shall be paid by the own
RS of the property in said block admitting
N the proposed alley.
Thirty-ninth-When the commissioners
hall have viewed the property and assessed
he value and damages and benefits, they
hall make their return of such assessment
n writing, and under oath, to tue district
.ourt, which shall be filed by the clerk
In making such report the value
damages allowed to each owner and the
assessed against each individual
hall be separately stated.
F~ortieth-The report of said commission i
RS may be reviewed by the district court
n written exceptions fled by either party
4 the clerks office within ton DAYS after
he Hing of such report, and the court shall y
lake such order therein as right and JUS (
ice may require, and may order a new an /
upon good cause shown; but the /
caring of such exceptions shall be sum- /
aary, aud the court shall hx a day therefor |
'ithout delay, upon the filing of any such |
xceptions, or within ten days after the ex-