New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1895-05-22
shnll appropriate to puUltc nee no pronerty

I shnll appropriate to puSlic use no property
stiats4 ai.a Ol any resi 81
. dence or the properly occupied in connec
| ton thereWlrh, .htvins, a frontage on Mute
Bear Lake Or on u highway running along
ssa s.ier. e. 50 II Ia unless the right 80 to
DO is acquired by contract and purchase
and not by condemnation, and when such
uXnt Is ac4usteul ~ cv4lLracl ana purchase
the cost rnereoT snail not he assessed upon
property -, a6 y, on said improvements,
TT asu,5 II III. &. village requesting
the purchase Of said properly, or by con- con-
tribution voluntarily made for that pur-
pose ny peop,e Stsss,iing LIE purchase OF SAID
property for public use.
Sec 2. Public notice of the presentation
OF the petition mentioned in the preceding
section to such district Judge shall be given
by publication thereof for at least thirty
days in at least one of the newspapers in
general circulation published ut the county
such driveway. parkway or boulevard is
to pass. and there shall be one of said
| lptle. posed ~ eacn or the most pune
places at each county seat Of such counties.
Sec 3. The said commissioners shall Law
OUT said driveway, parkway boulevard
not exceeding two hundred feet in width
~ accordance nee with the prayer OF the petit
lion ana the order of the court in the
premises II any. They may appoint sur
veyor and assistants to make a survey and
plat OF such driveway, parkway or bouIe-
Naf.t; ire compensatory Eot Sucn surveyor
and assistants shall be such sum as may
be allowed by the court after the work
Is performed. sl
Sec. A. The commissioners appointed as
herein provided shall make report Of all
sts.,.s:t, ';iu ~ tnem under this act
together with the statement of such as
tracts and parcels Of land to be affected
and file the same with the COPY of such
survey and plat in the Office Of the clerk
" tn e, uistr ~, court where such petition
was filed. They shall give notice by two
publications in a newspaper Of general cir
culat1on published at such county seat
or report is on file In said clerks Office and
that application will be made to the court
at some time therein stated. in vacation
or Dr. at term, as may be determined by them.
inen,: ana ;tll parties feeling aggrieyed
thereby may appear and be heard thereat
At such hearing the court may confirm
or IN part and direct a new appraisal or
assessment as justice may require, but the
hna i, confirmation of such report shall be
Sec o. Any person deeming himself ag-
grleved by such appraisal Of such commits
sloners or by the assessment or benefits
| made by them may demand and have a
| jury trial in SAID court to determine the
amount of damages to which he may be
| entitled, for the right of way for such
or her land in excess Of any benefits accru-
ing thereto or as to the amount Of benefits
| assessed against his land on account of
| such improvement Such demand for
jury trial shall be in writing signed by the
| demandant, his or -er agent or attorney,
| and filed In the Office of the clerk of the
court in which such petition and report is
filed within thirty days after the hearing
| before the court hereinbefore referred to
! on the report Of such commissioners A
fallure to so file demand for jury trial
shall be deemed and regarded as a consent
| OF the land owner to the appraisal made
by the commissioners, and as to all such
| ACTS their report snail be confirmed When
any such demand for jury tfial shall be
| snaii be mao Ut the term of the district
| court next thereafter, to be held in the
county in whicn such report and petition
| is filed, unless continued for cause. A
! copy Of such notice shall also be served
| upon the county attorney of such county
twenty days prior to the first day of such
term.
Sec. 6. When the amount of the dam
ages or compensation to be paid to any
One or more OF the owners OF the land
taken Tor such driveway, parkway or boule-
| any, to be deducted therefrom shall have
been finally determined by the proceedings
| unuer the provisions OF this act, duplicate
OF or s%eh I ana
| filed in the office of the register of deeds
| of the county in which such land is stu
ate, and such report so far as the same con-
stitutes an assessment upon property de-
| scribed therein deemed benefited beyond
the amount of damages shall be lien upon
t.. L. ,an'iS Inerelil {, scr'"eu sad comnis-
SlOnerS shall also file report of such as
sessment as finally determined on by, the
proceedings hereinbefore described with
! the county auditor of the respective cOun-
ties in which said land is situated prior to
| the first day of January, December, after
| such assessments are finally determined.
| Said auditor shall enter said sums against
the property on the usual tax role and de-
liver the same to the county treasurer for
|
and such sums shall be collected against
/ such lands and raid to the county treasurer
purpose is made and collected; and the
sums thereby collected shall constitute a
fund to reimburse the respective counties
for the damages to be paid and the cost
| to.
Sec. Z. The board of county commission
e eit',o OF each county in which such land is
improvement shall provide for the payment
of and shall pay the cost of such improve
ment, shall cause the amount Of the dam
ceived, If any, to be paid to any one or
more OF the owners Of the land taken for
such driveway, parkway or boulevard,
each county to pay it's just proportion as
tne portion or such Roadway, parkway or
boulevard which lies in such county
Said damages! shall be paid out Of the road
| and bridge fund of each county which
fund shall be reimbursed as the assess
ments Of benefits are collected.
| Sec. .. The said commissioners may, as
soon as the >amount Of damages due the
property owners is finally adjusted, enter
upon the land taken and improve the same
! as a driveway. PARKWAY or boulevard, amt
may also dredse the shore of the lake ad-
| jacent thereto.
All contracts for such improvements shall
ne leF 10 the lowest res.'onSlule biduer.
who shall be required to give bonds in the
amount of the contract, satisfactory to the
| commissioners, for the faithful perform
ance of the work and the payment of labor
employed and materials furnished, Bids
snail be advertised for by twenty days
! publication therefor in one or more news
| pdDerS at The county seat OF eacn county III
which such improvement is located, based
on specifications, accurately describing the
work to be done and all particulars with
regard thereto in the form and conditions
| of the contract.
Said work and expenses Of the same shall
be paid for out Of the road and bridge
fund of the respective counties in proper
ton to the cost thereof in each county, to
be determined by the commissioners afore-
said, whose determination shall be tinal
and the county commissioners shall provide
for the taxation, if necessary, an ade-
quate fund to pay the contracts; said pay
ments shall be made from time to time as
| provided by the contract, on estimates
aI.oNcu By the commissioners i'll charge
of said work. The commissioners appointed
by the court as aforesaid shall Immediately
after letting the contract make an assess
ment Of benefits on all property especially
benefited by said improvement, the same to
defray the cost OF the improvement and
expenses of assessment. Said assessment
when completed, shall be duly transmitted
to the county auditor Of the respective
counties in which the land assessed is
| situate and by MN entered on the assess
ment rolls and delivered to the county
treasurer of the respective counties for
collection as other taxes. The same pen
| atty snail DE Connected and the same p..-
| ceedings had as for the collection of gen
eral taxes, and the property owners may