St. Paul daily globe., 1895-05-21

meht, and for the opening, widening, laying
| out, extending, altering or Strengthening Of
lane or public square, park, parkway or
boulevard, to acquire land for and the right
TO TO raise s lower, divert or change the &c course
acquire an easement in the land over,
| across or under the property of corpora
| tlons, Tor streets, bridges, approaches, cul-
Verts, depotS, sewers, conduitS or water
| mains; to acquire an easement in any land
| 1or the construction of slopes or retaining
erty abutting upon any street, levee, lane,
| alley or highway, now ordered, or such as
| shall hereafter be ordered, to be opened,
widened, extended. altered, Strengthened or
| graded; to acquire the right to take or d.
vert from any lake, stream, dam, pond, res
ervoir e or or any public waters. whether the
! rights, any and all water necessary or con-
venient for. the use of said city and the in
habitants thereof, and for that purpose to
| construct and maintain dams and intake
| pipes, and to acquire land, abate nuisances
| to drain sWamps marshes and ponds and
to I'LL the same in said city, and to acquire
| property, either within or without the linn
| its of said city. for the purpose of erect
| Ing, maintaining, extending or improving
water or light works, or that may be need
| ed in connection Herewith for the protec-
| tion OF the purity of the water supply or
otherWlse, or for other municipal purposes,
ments mentioned above, and for such other
| local improvements as may be ordered by
| said city upon property fronting upon such
improvements, a or upon property. to be ben
| ehted by such improvement, without regard
| to cash valuation
Sec. 215. IMPROVEMENTS FOR WHICH
Az,SSSSSlESSMENT z,SSSl. IS MADE FOR BENE-
| 1MPROVEMENT-Whe the city council
shall vote to lay out, open, widen, extend,
alter or straighten any street, avenue,
| aIley, highway, leVee, lane or public square,
park or parkway, or boulevard, or to raise.
lower, divert or change the course of any
stream of water, ditch or drain, or to
acquire an easement in the land over,
across or under the property of corpora
| tlons, for streets, bridges, approaches, cul-
Verts, depots, sewers conduits or water
mains, mains, or to acquire an easement in any
retaining walls, for cuts and fills, upon
real property abutting upon any street,
| levee, lane, alley or highway now ordered,
or OF such as snail be hereafter ordered to
be opened, altered, extended. Strengthened
| or graded; or to acquire land to abate
nulsances; or to drain swamps, marshes
and ponds, or to fill the same, making 1t
| necessary to inJure, take or interfere with
| private property, it shall determine in
general way, as nearly as may be con-
venient, the character and extent of the
| proposed improvement; and thereupon 1t
shall be the duty of the city engineer to
make and present to the city council q plat
ana survey OF such proposed improvement
of the same, and the property necessary
| to be taken, injured or interfered with
| therefor; together with the name of the
owner of each parcel Of such property, so
| far as the engineer can ascertain the same
| with such statements as may be, in the
| opinion Of the engineer, proper to explain
| the character of such survey and the char
| acter and extent of such proposed i'm
provement. Such plat shall Show approx
| 1mately the amount of land to be taken
| from each owner so far as the owners can
be readily ascertained. and the lands con-
| t1guOus to such Improvement; and the city
| council may cause such plat and survey to
| be modified, amended or changed, as 1t
may deem proper When such plat and
| survey shall be finally adopted by the city
| council, it shall be filed with the city clerk
| and shall be held to show correctly the
| character and extent of the Improvement
actually agreed upon and ordered by the
| city council
Sec ZIG APPOINTMENT AND QUAIL
IFICATION OF COMMISSIONERS. The
| city council shall then or at a subsequent
meeting appoint five % commissioners (all
| OF whom snail be freehOlders and electors
| of the city and not in any way interested
| in any property to be taken or affected by
the proceedings) to view the premises and
| ascertain and award the amount of dam
| ages and compensation to be paid for the
property which is to be taken or injured
by such Improvement, and to assess the
| amount of such damages and compenSa-
| tioE and the expenses of the improvement
so far as the same can be so assessed
upon the lands to be benefited by such
| ipr1 1ovencnt in proportion TO the benefits
|
| regard to cash valuation. Three more
Of the said commissioners shall constitute
a quorum and be competent to perform any
duties required of the whole number
| tt ereof.
Sec. 217 MEETING AND QUALIFlCA-
| TION. Said commissioners shall be notified
forthwith by the city clerk. by a notice
served personally or by mail of their said
appointment, and Of a time not less than
three 81 nor more than seven CO days
from the appointment when they shall
,Atfff.n tInn 1Arly thn
| time specified in such notice said com
missioners shall meet and shall take and
| subscribe an oath to discharge their duties
| as such commissioners with fidelity and to
| make a just and impartial appraisement
and award of damages and assessment or
benefits, which oath shall be filed with
the city clerk. In case of failure of any
of said commissioners to qualify, the city
council may appoint others to ill the va
| cancy, who shall be notified and qualified
as those appointed in the first instance.
Sec. 21S. NOTICE GIVEN BY COM
MISSIONERS. Said commissioners shall
| give notice by two publications in the OIL
| cial paper of said city that they will go
on a day designated in such notice (Which
| shall be at least ten Q0) days after the
first publication), meet at place desig-
mated in such notice, and thence proceed
to view the property proposed to be taken
| and appropriated, and ascertain and award
| therefor compensation and damages, ana
| view the premises to be benefited by such
| improvement and assess thereon, in pro-
| portion to the benefits, the amount neces-
| sary to pay such compensation and dam
! ages and the expenses of the improvement
| or such part thereof as can be so assessed,
| and hear such allegations and proofs as
| any persons may offer.
| OF DAMAGES. At the time and place
specified in such notice, and from day to
day thereafter, and at such other places
| In said city as they may adjourn to, SAID
commissioners shall attend and view the
property to be taken and affected by such
| proceedings, and hear allegations ana
| proofs that may be offered by persons IN
| administer oaths.
After viewing the premises and taking
| the evidence offered, such commissioners
| should prepare and make true and i'm
partial apprasement and award Of the
| compensation and damages to be pad Tor
| each parcel or piece of property taken OF
| injured by such Improvement; but II tne
remainder of the same property, a part OIL
| which only is to be taken or damaged Dy
| such improvement, shall be benefited by
such improvement, then the commissioners
| in considering and award'Ss such com
pensation or damage shall also consider,
| estimate and offset the benefits when
| shall accrue to the remainder OF the same
property belonging to the same person, and
Shall award only the excess, if any, of the
compensation or damages over and above
| the benefits; and, in case such Dement'S are
in excess of the compensation or damages,
| the commissioners shall so state III lhelr
| report of award, and shall assess sucn
property for benefits in the proportion that
such excess of benefits bears to the bene-
fits accruing to other property. In case
there are buildings or improvements upon
any land proposed to be taken in such pro-
ceedings, the awards shall be for the dam
age to land and Improvements separately
| Sec 220. ASSESSMENTS FOR BENE-
! FITS. The said commissioners shall then
assess the amount Of such compensation
and damages as awarded together with
the expenses of the Improvement, less such such
| NORTON thereof as the city council snail
order. upon the land and property benefited
by such improvement, in proportion to such
benefits, but in no case shall the an amount 3
| of said assessments exceed the actual pen
| Gift TO the lot or parcel of land so assessed.
| If in the Judgment of said commissioners,
+bo rhola amount of such compensation