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

! commissioners, and shall proceed to view
t1e premises and hear the parties interest
eu, WIN their allegations and proofs per-
talnlng to the question as to the amount
! OF such damages or assessments. The COM
mlssioners shall be governed by the same
| provisions In respect to arriving at the
amount OF damages and the offset thereto
OF benefits to the remainder of the same
properly and in all material respects as
are IN this act made for the government
| council ~ ''
They shall, after such hearing and view
| of the premises. make a report to sad
| court of their appraisal of damages or as
sessment of benefits in respect to such
| appellant
Sec 30. REPORT OF COMMISSION
ERS, IF CONFIRMED, TO BE FINAL.
| upon the filing of such report the court
may, IN its discretion, upon motion set
dsIde the same or recommit the same to
tne same commissioners, or appoint a new
| commission, or 1t may confirm the same.
| tpon such confirmation by the court, the
award or assessment of such csIamisSiQn
| shall be final, and no appeal nor writ of
| errors shall be allowed from any order of
the court in the premises. Saidacourt shall
! aHoW reasonable compensation to such
| commissioners for their services, and make
sucn sucn award of costs on such appeal in
| Guiding such compensation, as it shall deem
| just In the premises
- Sec. 236. RIGHT OF ABANDONMENT.
Inc city council shall have the right at
| any time during the tendency of the pro-
! ceeulnSS Tor the improvements authorized
IN IN thls act, or In case an appeal be taken
as herein provided, at any time within
| sixty days after the final order of the
court upon such appeal, to abandon all
sucn 81 proceedings whenever it shall deem
| II Tor the best interests of the city so to do
Sec; 231. EFFECT OF FINAL DEFER
MlNAIlON OF PROCEEDINGS. When
ever an award of damages and compensu-
@ dIons snail be confirmed by the city council,
| anu not appealed from, and whenever the
same, when appealed FROM shall not be
iii,idd aiinuiled by the court, and whenever COM
ms nisSlohers are appointed on such appeal
| ana the award of such commissioners ia
| cohhrmed by the court, and the proceedings
are not abandoned by the city council,
MlInln n SIXTY (6O days thereafter, then the
| rights OF all parties shall be finally de-
termined and fixed thereby. and the same
snail constitute lawful and sufficient con-
| uemnatlon and appropriation to public use
on + tne Iand'. property and rights in prop
efty Tor which compensation and damages
are SO awarded or determined and every
tiSHl' tltIe, interest or lien thereto and
! me CITY snail become vested with the title
~ the properly taken and condemned alb
| solulely Iof all purposes TO which the city
! Hay ever nave the occasion to use the
same and may forthwith enter upon ana
use the same; and the city shall be bound
TO and shall within one year of such final
deternlnation, pay the amount of such
award and compensation, with interest
thereon at the rate of six 6) per cent per
annum from the date of the confirmation
council - ''
Sec. 22s; CITY CLERK TO FILE PLAT
AND CERTIFICATE. Within twenty 90,
days after such final determination of the
concentration proceedings the city clerk
snali ME In the office of the register or
deeqs OF the county in which the property
Is situated an accurate plat, certified to by
the city engineer, showing the property
condemned thereby, and the same shall be
Sec 80 PAYMENT OF AWARDS. Re
Iore payment Of any award the owner OF
Sucn property. or the claimant of the
award, SNAIL furnish an abstract of title.
showing himself entitled to all Of the com
penSatlOn ana damages CLAIMED. In case OF
heSlect TO furnish such abstract or in
case there shall be any doubt as to who
age, or any part of the same the amount
SO awarded shall be by the city council
a4pproprlated AIRPORT tea and set apart In the city
treasury for whOmsOeyer shall show clear
right to receive the same
Inc city council may, in It's discretion.
require of said claimant a bond with good
ana ana sselclent sureties. conditioned TO in
demnify and save the city harmless against
All other claims for such compensation or
damages. or for the property for which
the same was awarded, and all loss, costs
or expenses on account of such claims.
| Provided, that whenever the city attor-
ney shall certify in writing to the city
council that, in his opinion, he is in doubt
10 whom the said awards shall be paiu,
the city council may order a warrant to
be drawn for the same, payable to the
| clerk of the district court of the county;
and the city clerk shall deliver the same
to said clerk of the court and take his
receipt for the same, which deposit with
said clerk of the court shall be deemed
full and sufficient payment Of such award
| under the provisions hereof The parties
ehlllled TO any award so deposited shall
establish their right to the same by a
petition to the said district court, setting
up the facts emitting them thereto. and
by proving the same to the satisfaction OF
the court: and, when so established, the
court shall make an order directing TO
whom the same shall be made.
Sec. 24O. PROCEEDINGS IN CAST
AWARD IS ANNULLED BY COURT.
Whenever any portion of any award made
by commissioners and confirmed by the
| council, under the provisions Of this act,
shall be annulled by the court upon appeal,
as hereinbefOre provided for, the city coun-
ell may again appoint commissioners to
view the property which was affected by
such appeal and appraise and award the
compensation and damages to be pad for
the taking or appropriation Of the same,
ana the Ike proceedings shall be had, 40
| far as practicable, as are prescribed here
in to be had in the first instance, except
that such commissioners shall make no new
| assessments OF costs and expenses.
They shall, however, in arriving at the
| compensation and damages to be awarded,
take into consideration and Offset any ben
efits which, in their judgment, the con-
templated improvement will be TO the re-
maindcr of the property, part OF which
may be taken or appropriated, and report
their award to the city council where
upon the same proceedings may be had aS
| far as applicable as upon an original
award If such award shall again, upon
appeal, be anDulled by the court, stilI
! another commission may be appointed and
award made in the same manner, and so
on, until Il valid award shall be made, but
no new assessment for benefits shall be
made merely by reason Of any change III
the amount of the sum awarded for com
pensatiOn and damages, and any sum which
may be lacking TO pay the award shall be
paid from the permanent Improvement
| fund.
Sec. 24 RIGHT OF CITY TO HAVE
CONDENSATION INSTITUTED DURING
PENDENCY OF SUIT. Whenever the city
council shall have made or caused to be
made, erected, constructed or laid on,
across, through, in or upon any land or
real estate to which said city council has
not the title or right to enter upon the
same, foa the purpose of so making,
erecting, constructing or laying any water
main, sewer cOnduits, building, structure,
intake pipe dam, improvement pavement,
sidewalk, curbStOne, gutter or other public
work, or street grade, the city council
shall have the right at any time in any
suit In which the title to said real estate
or land, or the right Of said city to so be
thereon for said purposes, is called IN
question, may by answer admit ana allege
the taking Of the claimants land or other
real estate for public purposes, and that
no compensation has been made for such
taking, and that the said city Is ready ana
willing to pay such compensation on nay
ing the same assessed and ascertalned IN
the manner in this act provided; provided,
the claimant on the trial shall establish
his right to recover the land or other real
estate in 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; ana II
the 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
vided In condemnation proceedings, and
like proceedings shall be had therein as
are herein provided in condemnation pro-
ceedings.
Provided. that when It shall appear that
the land or other real estate was so taken
or appropriated by and with the, consent