Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1896-04-17

or member OF the Council designated AZ
above provided, shall thereupon appoint
day and place for impaneling The com
missioners to ascertain the compcnsa
tion for the property 10 be taken, aud to
make assessments to pay for the same.
The town clerk shall then issue notice
under his hand and the seal of the town,
which shall give the names OF the own
ers at the date of the ordinance Of the
property to be taken and to be assessed
for compensation; shall the date and pur-
pose of the ordinance and shall state
that their property will be taken, or as
sessed for compensation for the taking,
for the purpose specified in the ordi-
nance, and that commissioners will be
empowered 10 ascertain said compensa-
ton and make such assessment on the
day and at the place fixed by the May
or or member of the Council as the case
may be. Said notice shall be served by
the Bailiff by delivering 10 such owner
. copy thereof or by leaving such copy
for such owner at his usual place of
abode with some member of his family
over The age of Is years. Corporations
shall be served with such notice In like
manner as with summons in ordinary
civil action. If service cannot be
made on all or any of the parties afore
said within the town the return shall
so state and be pranid fdcie evidence OF
the facts stated therein. Whareupon
said notice shall be published once a
week for tbree weeks before the day
for the sitting OF said fasteners
in come newspaper having q general
circulation in said town; an affidavit of
the publisher of said notice shall be ev
idence OF the fact. Service oil the no
lice shall be made at least six d avs be-
fore the commissioners meet. 1t shall
be sufficient 10 bring in the owners OF
and all persons claiming any interest
in the property affected by such pro-
ceedings, who may be the owners or he
interested therein at the time the ordi-
nance providing for the improvement
takes effect: and all parties claiming
oil holding through or under such OWL
ers or persons interested shall be bound
by such proceedings
(cl The commissioners shall ascertain
the Just compensation TO be paid as fol-
lows
First. For each piece OF property tax :
en-, when the public use thereof shall
be such that the town must have exclu-
sive possession thereof, the actual
value of the property taken
Second. For each piece Of property |
taken, when the pubic use thereof |
may be such that the town need only |
have such possession and control as
will not wholly exclude the possession
and beneficial use thereof by the own
er, the actual damage from the public
use specified in the ordinance To
pay such compensation, the commits
sioners shall assess against the town the
amount of benefit to the town and pub
lie generally, and against the several
lots and parcels of private property
deemed benefited the balance of such
compensation; each lot or parcel of
ground TO be assessed with an amount
be iring the same ratio to such balance
as the benefit to each lot or parcel bears
to the who lie benefit to all the private
property assessed. Parties interested
may submit evidence to the commits
sioners and the latter shall examine
personally the property to be taken, land
assessed. The party owning any prop
erty taken may remove any improve
ment therein. The verdict of the COM
missioners shall be signed by each com
missioner and delivered to the May or or
person acting in his stead, and certain
or correct description of each lot or par
eel of private property to be taken, and
the value thereof, and the amount asses
|
corr ect description of each lot or parcel
Of private property assessed, and the
a mount assessed against the same.
id The Mayor, or person acting in his
steau, SHALL after rendition Of the YER
dict, report the same to the Council; and
il the same be net confirmed within
ceedings and verdict shall be void. Il
the verdict and proceedings be confirm
ed by the Council with in said sixty days
an appropriation shall be made to pay
such sum as has been assessed against
the town aud the amount assessed by the
com niissioneIs against private property
shall be lien superior to all other liens
on the several lots charged from the
day the ordinance providing for the
Improvement takes effect until paid;
and if not paid within thirty days after
the confirmation Of the verdict, shall
bear interest at the same rate as del IL
Quent general taxes, and shall be forth.
with collected by the Treasurer of the
town either by suit brought in the name
of the town or in the same manner
SO delinquent general taxes are collect
ed under this charter.
lei Money collected on such assess
ments shall be used only to pay such |
compensation. and Whatever interest |
shall be collected, and no more, shall be |
apportioned among the owners Of the |
property taken. The town shall not be
entitled TO The possession OF any lot OF
parcel OF property taken, until payment |
OF tho compensation therefor be made |
or paid into the Circuit Court OF MONT
gomery county for the person entitled |
in case such person be absent, unable or
unwilling to receive the same, or the
title to the pro erty 10 be taken shall be
in question.
FL In case the town, or any person
effected by such proceedings shall feel |
aggrieved by The verdict of the CON-
missiOners appeal may be taken within
twenty days OF the approval OF said ver-
dict TO the Circuit Court of Montgomery |
county. hepsrty appealing shall per-
fect his appeal by filiug with the town
clerk written notice Ut Is Intention
so TO do wItnn said twenty buys and
Laereupon the clerk shall, within TWEEN
" days from SAID notice, file u complete
transcript OF the proceedings with the |
Clerk Of tie Circuit Court; and said |
cause, unless the appeal be dismissed,
shall be tried de noUO In Raid Court at |
the next luiy term of said Court after |
said transcript is filed, In all respects as
other trials had In said Court. The YER
dict of the jury shall conform in ali re.
spects To the requirements of this Sec
ON and shall have the same force and |
effect as the verdict Of id commits
oners. The assessments shall be paid |
within the same time, and until paid |
bear the same rate of interest, as is |
above provided; and sha stand as a
Judgment aad be lien on the several
parcels of property charged superior To
nll olher liens from the date of the or
dlnance. and If not paid within thirty
days IRON the filing of tue verdict of
tae jury. an execution shall issue against
Tue several lots or parcels of land against
which assessments for benefits are 50
made. mich execution shall describe
the parcel Of ground and the amount as
sessed against the same, as shown by the
.ss.ssai..A Of tic IN. St.ts tin. a..