New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1895-05-22

spioyeuieillS IN connection tnereW1tns u No
siIali also report Ltfalt u. o.ss.s.s "a. y
found benefited to, the extent OF the as
seSsment necessary to be levied to pay for
the same. The report of the commissioners
and they may in their. final orders modify
the character Of the Improvement referred
him =
1t is further provided, however, that the
common council shall in no case order the
doing Of any such work or the making OF
any such Improvement or Improvements
unless in their opinion real estate to be
assessed for such work and Improvement
can be found benefited to the extent of the
+ damages ga costs and expenses necessary to
When two or more improvements are
ordered to be done under one order they
snail be included in one contract.
Before any final order for the doing OF
any work is made under this section, the
members of the body of the common coun-
Ell acting on the same, save in matters
OF SIDEWALKS and street sprinkling, shall
shall examine the general plans and pro-
mes therefor, and the presiding officer
snail indorSe such plans and profiles and
make declaration of such Endorsement to
But such examination and Endorsement
shall not be deemed jurisdictional in pro-
ceedlngs to assess property for such I'M
No crosswalks shall lie built until the
same shall have been referred to the com
missioner and said commissioner has re-
ported In raVOr thereof sz,.fs.f@
Sec. II. When any order Is passed by
the common council by virtue hereof for
the making of any public improvement
herein provided for which shall require, the
or real estate; the said commissioner Shall.
as soon as practicable. proceed to ascertain
and assess the damages and recompense
due the owners Of such land snd at the
will be benefited for such IMPROVEMENT
and assess the damages, together with the
cost of the proceedings, on the real estate
deemed by him benefited In proportion as
nearly as may be to the benefit resulting
to each separate lot and parcel thereof
Sec. IL. Said commissioner shall then
give hfteen (l5l days notice by one publ
cation in the official newspaper Of the city
OF the time and place when he will make
said assessment, in which notice he shall
specify what such assessment Is to be for
anu shall describe the land to be con-
d1emned as far as can be done by general
description, and all persons interested in
any such improvement shall have the right
to be present and heard. either in person
or by counsel, and the legal advisor of the
clty shall be permitted to appear before
said commissioner at such hearing to rep
resent the interests Of the city. In such
notice the commissioner may specify gen
orally what property will be assessed, and
II at the hearing additional property shall
be included in the assessment or part of
the property excluded from it no new no.
tlce shall be necessary. -.
The said commissioner shall review the
premises to be condemned and receive any
legal evidence that may be offered for the
purpose of proving a true value thereof or
the damages that will be sustained or ben
etlts conferred by reason of the contem-
plated improvement; and said commissioner
for this purpose is hereby authorized to
administer oaths to all witnesses produced
before him, and he may adjourn the meet
ing from time to time and from place to
place until such assessment is completed;
and said commissioner shall have authority
fnr and nr11 fn
compel the attendance Of Witnesses, and
shall have authority to issue subpoenas
under his seal. -7:5. 0.
Sec. Ia. The said commissioner in max
ing said assessment shall determine and :ap-
praise to the owner or owners the value
of the real estate appropriated for the i'm
provements and the damages arising to
them, respectively, from the condemnatio
owner or owners respectively as damages
after making due allowances therefrom for
any benefits which such owner or owners
may respectively derive from such i'm
provements and said sum SO awarded shall
bear interest at the rate of seven "a per
cent per annum from and after the date of
the confirmation of the assessment there
for, as hereinafter provided for. until paid.
The condemnation, taking and appropria-
ton of any real property or an easement
therein for any Improvement mentioned in
in law to be done anu fully contaminated
upon the confirmation by said commission
er of the assessment of benefits and dam
ages therefor. /. ........
Sec. 10. If the damages to any person
be greater than the benefits received, or if
the benefits be greater than the damages,
In either case the said commissioner shall
strike balance and carry the difference
aforesaid to another column, so that the
assessment may show what amount is re-
ceived or paid by such owners respective
~ and the difference only shall in any case
be collectible of them or paid to them
Sec. l6 In the assessment OF manages
and benefits for the opening of any street,
1eyee lane an hi Highway or alley it shall be
works, in his discretion, in making such
assessment, when part Of the land to be
laid out IN such street, leyee, lane, high
way or alley has been heretofore donated
Dy any person or persons for such street
ieVee, lane, highway or alley, to appraise
the value of the land so donated and to
apply the value. thereof, as far as the
amount so appraised shall go, as an OFFSET
to the benefits assessed against the person
or persons making such donation or those
claiming under them; but nothing herein
persons by whom such donation is made
to claim from the city the amount Of such
appralsal, except as an offset as herein
widening of any street which may have
been heretofore either in whole or in IA IT
uonated to the public by the proprietors of
fhe ado land, It shall also be lawful
1or Sucn commissioner Of public works in
NJ discretion to make such allowance
therefor in his assessment for benefits as
snail IN his opinion be equitable and just
standing In whole or in part upon, the
land to be taken, the said commissioner Of
pubic works shall add to the estimate Of
f hami1ages Tor the land the damages for the
building or part of the building necessary
to be taken if it be the property Of the
owner of the land. ..,>''..o NV
When owned by any other person, the
10 h,1il ,1,..JI y
separately.
The value of such building to the owner
TO remove, or Of the part thereof necessary
10 pc taken, shall also be determined by
hotlce OF such determination shall be given
by him to the owner when known. IF q
rfslaen nj OF the city. or left at his usual
Is not known or is a nonresident, ten dO
days notice by one ~ publication to ali
persons interested shall be given in the
official paper of the city - l.. :,
Sucn owner may at any time within ten
QO) days after such notice notify the com
missioner OF public works in writing Of his
election to take such building or part Of
t1a n at ms appraisal; and in such case
the amount Of such appraisal shall be de-
Quoted by the commissioner of public
WORKS from the estimated damages for the
land and building, when they belong to the
ages for the building when they belong to
different owners; and the owner shall lave
such time for the removal of such building
after the confirmation of the assessmerf
a as the commissioner Of public works may
e the owner shall refuse to take the
building at the appraisal or fail to give
I notice of his election as aforesaid within
the time prescribed, then no deduction shall
be made from the estimated damages afore.
SAID; and the said commissioner Of public
works shall, after the confirmation of the
assessment and after the money IS collect.
ed or otherwise provided and ready in the
hands Of the treasurer to be paid over to
tne owner r, Tor his damages. proceed to sell
auction, for cash, giving ten (i0J DAYS 10.
tee OF the sale by one ~ publication II
the otiicial paper Of the city. and cause
az. me proceeds Of such sale shall be paid