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

of Sucn DANA 9o Iass.ion as to the amount
nra ssioners shall be goyernad s.: Inc COM
amount, -nf a., respect to arriving Mt the
Of dement's damages ia sS and the onset thereto enc
aro s and in all materia, VI tne same
Of ~ .nls act made for tha naSns az
council appointed by the civ
of tSss saaii. after such hearino .na 49,,
court ne thni. ses make a report to 60
sessment Of appsalsa! Of damages or rs.
appellant, neuts In respect to such
Frs Rs ~ 40; REPORT OF COMMISSIONS.
Upon the GtHIinMaflRMED, TO BE FINaI,
may, in its discret Sueh report, the court
tha SAL, Tue same or recommir the so,, SCI
comm sne commissioners, or appoint fame ne 10
Upon such confirmation i.y confirm bT 1ha the same.
shall he OF assessment of such comIn;ss ine
errors shall ha ald no appeal nor writ Of
the court in the a nremiof from any order Of
allow aa.l reasonable compensatio court snail
such as,,one Tor their services and maIa
cindna w s,,.,1 OF. costs on such appeal in.
Just In the. premises DIS II snail deem
rb bee, Gig fs6. a. RIGHT OF ABANDONMENT
any tiny ay S council shall have the right NJ
Gi IL Tor the improvements antherP pro,
nc ha,o ;et' or IN case an appeal be- toEeu
Sixty et dans p a9tdd at any time within
SUIT s,,at upon such appeal, to abandn To- t ne
s :. proceedings whenever If " shan a atl
Sec ns7 yes! interests of the city SO to do
MlNATfoaN 1oS Of Pkoo 2H PINAf DETER
ever eyer an award of damages ena oor Mhen-
and not a,, ne confirmed by the city counci,
same not h appeaied from, and whenever the
ainniled by the court, and whenevare I De
and tha are appointed on such arnan,
.contirmed I nv tt OF such commissioners ia
ale not abandoned by the civ voceeunngs
r;a o.n SHY t6O) days thereafter thou ~
termned and ai t Rardie tna shall be finally de-
saali constitute lawful and suici ne same
a ueenlhation and appropriation 70 nnh1i, con
9ertv for ant MI; PROPERTY and rights in pron.
are so aW Wn,Ga compensation and damages
s!tlghI. title, interest or lien tbe ant every
70 +hn hey snail become vested with the t '.a
solutejvp for ~ taken and condemned ab
may ever have the occasion to me me cry ny
n msn and may forthwith enter un use Inc
to and nd s ie w ana the city shall be bound
determination" , nnH one me year of such final
4hanna ana compensation, with in+e Susn
sneleon at the rate OF six C, ner cent ns
Of thn 'front.' from the date of the contirmathio Hn
council feport by the city
A See. ass; 23s; CIT. CLERK TO FILE PLAN
DAYS after . snnh a,s Within twenty j2O1
s go proceedings the cit, % one
s s nile i'll the office Of tha rae,Iy. cieIk
is sitno a. dhe county in which the property
c cne !, CITY engineer, showing the proncrtyy
tIpnuemned thereby, and the Same shnRRi ~
tnere recorded SAINT snail De
Sec Sec: $50: PAYMENT OF AWARDS D.
lore payment of any award tha ~ 49,, Re.
award p. sIam or the claimant of the
shown h h;,l furnish an abstract of title,
pensatien himself ans entitled to all of the com,
n n to furnish such abstract Use as " "
10 E.'s et tnere shall be any doubt as to who
ace ~ en nr to such compensation or dam,
SO awarded P shal, or r. the same the amount
4tprproprlated and set apart In the citu
r .iirhasurS Tor whomsoever shall show cIaar
M ~ 10 receive the same A
vile me city council may, in its discre+io,
and a,,s 81 sald claimant bond with sooJ
d nu SSeenlclent sureties, conditioned to IN
all Other an niai save the city harmless against
~ hhi"ses. or for the property for which
~ me sumo was awarded, and all loss costs
VI eApenses on account of such claims.
new shat, '' dnat whenever the city attor-
council that. in his opinion. he is in do1,ht
10 ~ VINO" NON the said awards shall be nain
ha d 10y council may order a warrant to
clerk Of the dist nf same ca,+ payable to the
az ,a tne city clerk shall deliver the same
70 saad e clerk of the court and take his
said cle rIr Of tne +h same, which deposit with
full and sufficient payment Of s n boee EN-
a aniti the provisions hereof The parties
estabiisb TO tb any award SO deposited Shall
petltlon to the said district court sattins
h ny the facts emitting them thereto and
~ ~ proving the same to the satisfaction of
court court Shall make an order directing to
"noin the same shall be made.
A MS.5s15r is 1SNtIf EH6S BY N co GASn
ny commissioners, and confirmed bv the
c eGuI under the provisions of this act o
s 81 De annulled by the court upon appeal
eli NAV aroip provided for, the city coun-
view the property which was affected bv
sucn appeal and appraise and award the
tH the taEinr ~ ana damages to be pad for
Gnu me IKE proceedings shall be had. 81
Ia iar as practicable as are prescribed here
t III TO s, De mad in the first instance except
assessments or costs and expenses
Ihey SHALL however, in arriving ot tho
compensation and damages to be awardeu
efts WIS fonS,der fa and offset any ben
mni improvement will be to the re-
l IL a OF the property, part of which
H fhayr be taken X Or authenticated, and report
upon up the same proceedings may be had as
dar as applicable as upon an. original
AWARD. lf~such award shall again, upon
FH-' ~ by tue court
another commission NAV be annoin+od " onu
award made in the same MANNER. ana 50
on until valid award shall be made. bur
made new er aSsessment for benefits shall be
mlue merely ny reason Of any change in
Tue amount OF the sum awarded for com
pensatlon ana damages and any sum which
may may De lacking to pay the award shall be
fund Improvement
Sec ~ RIGHT OF CITY TO HAVE
INCARCERATION ;M1NS1Aa INSTITUTED DURING
co mMnhS sha1, Or SUIT Whenever the city
naaue, erected, constructed or laid on.
across across. through, in or upon any land or
r nat est estate + to which said city council has
same, foa the purpose of SO making
erectlng, constructing or laying any water
IL NAM IN. sewer conduits, building, structure,
sidewalk, curbstone, gutter or other nnhIic,
s MoIh' OF street grade, the city council
snail have the right at any time in anv
euiI IN "a, "hlch the title to said real estate
OF lana, or the right of said city to SO be
enereon for said purposes, is called in
question: may by answer admit and allece
Inc, taking Of the claimants land or other
no compensation has been made for sucn
taking, and that the said CITY is ready ana
WI TO pay such compensation on hay
t 4pg lne same assessed and ascertained in
~! Tue manner IN this act provided; provided
Ine claimant on the trial shall establish
ms right to recover the land or other real
estite III question, and in such case the
court shall first determine whether the
claimant is entitled to recover the land or
other real estate in controversy; and il
the tn ecu, court shall first determine that such
claimant is SO entitled, the city council
may. within such time as the court shall
limit, appoint commissioners as herein pro
1,,ta IN condemnation proceedings. ana
IKE IKE proceedings shall! be had therein as
ceedings. pio-. .
Provided. that when 1t shall appear that
Or appropriated by and with the consent
or acquiescence of the owner. such owner
shall not be entitled to recover any rents
or profits which accrued prior to demand
real estate. and he shall be limited IN such
case to compensation for the land taken