The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-03
ss-s II NO ara

II
| AN ACT entitled can act to provide for
| the establishment and maintenance of
| uniform heights of water in the naviga-
| bic lakes of this state. in order to i'm
prove navigation therein, or to promote
| the public health or welfare, and to
| that end to provide for acquiring and
condemning property and doing all such
| Be it enacted by the Legislature Of the
| State of Minnesota:
| Section l. The board of county COM
missioners of any county in this state in
which all, the major part, of any
navigable lake is situated, is hereby au-
thorized and empowered, in order to i'm
prove the navigation in such lake, or to
establish, as herein provided, a uniform
height at which the water in such lake
shall be maintained. and to raise said
water to and to maintain 1t at said height,
as nearly as practicable.
Sec. 2. To carry out the purposes of
this act such board is hereby authorized
to acquire by gift purchase or condemna-
ton any dam or dams on any stream
lake. and also any land that such board
shall deem necessary along, on or near
the shores of any such lake on any such
stream, and to construct and maintain on
such land or across any such stream such
dam or dams as may be necessary for the
purpose of maintaining such water at
such height. and also to. acquire any
necessary land for approaches from any
highway to any such dam or dams that
such board may acquire or construct, and
to acquire all such flowage and other
rights and all such property as such
board shall deem necessary, and to do
any and all things necessary to maintain
the water in such lake as nearly as prac-
ticable at the height established, as here
in provided, and to carry into full effect
the purposes of this act.
Sec. 3. Such board, upon the petition Of
one or more owners of land abutting on
such lake or Independently thereof when
hn flcrlon nff hoe J>1 cI a
be occasion so to do, shall consider the
question of establishing a uniform height
of water in such lake, and If, upon such
considera ton such board shall deem it
necessary for the Improvement of naviga-
ton in such lake, or the promotion Of
public health or welfare, to establish and
maintain uniform height of water in
such k,ke, such board shall adopt res
olution to that effect, and may proceed as
often as may be necessary in manner fol-
lowing:
Sec. f. Such board shall then determine
upon and establish a uniform height at
which said board shall deem it necessary
that the water in such lake shall be main
tanned, as nearly as practicable, and shall
designate such lands as such board shall
deem necessary to take for the purpose OF
acquiring any dam or dams, or for con-
structing and maintaining thereon any
dam or dams across any such stream, or
on or near the shores of any such lake.
for the purpose of maintaining the water
in such lake at such height, or for the
purpose Of providing approaches to such
dam or dams, and any property which
such board shall deem necessary to carry
out any of the purposes of this act; and
shall cause a map thereof to be made,
which map shall be certified by such
board and shall be filed in the office of
county, which court is hereby vested with
jurisdiction to hear and determine any
matter arising under this act; and with
such map shall be filed petition by such
hoard to said court setting forth the
height at which. such board proposes to
maintain the water in such lake, the
lands and property designated to be taken
by such board, pursuant to this act the
names Of the owners, mortgages, judg-
ment creditors or other persons interested
in or having any lien upon the specified
can be ascertained from the public rec
ordS of the county or counties in which
such lands are situated: and praying for
the appointment of three competent. dis
interested freeholderS, residents of this
state. as appraisers, to determine, and
award the compensation to be made to
the owners and others interested in such
lands and property.
petition, such board shall give notice to
all persons interested in the different
tracts of lands and in the property so de-
Signated to be taken, that such board in
tends to take, pursuant to this act, the
lands and property described in said petit
ton, or shown by said map, as the case
may be, and that such board will apply to
said district court, at a general or special
term thereof and on the day in said notice
named, for the appointment of three COM
petent, disinterested freeholderS, residents
of this state, to act as appraisers to de-
termine and award the compensation to be
made to the owners or other persons in
terested in said lands or property; and
said notice shall be served by publishing
the same for two successive weeks in
some newspaper to be designated by said
court and printed and published in the
county in which such lake, or the major
part thereof is situated, and If there be
none, then in newspaper printed and
published in an adjoining county or In the
capital of this state, as the court may
deem best calculated to give notice to the
persons interested; and by posting St fgo,, a
door Of the court house in said county
and in some public place in each town
ship in which any part of such lake is
situated The last publication in such
newspaper and such posting shall be at
least ten days prior to the date fixed in
said notice for presenting said petition in
said court. Said copies shall be posted by
the sheriff of said county, who shall make
return thereof. and such return shall be
evidence that the requirements thereof as
to posting have been complied with.
Sec. 6. At the time and place designated
in said notice or at the time and place to
which any adjournment may be directed
by said court, said court upon the presen-
tation of such petition and map with
been served. as hereinbefore provided
shall proceed to hear and determine such
petition. Any or all of the persons own
ing, or having any interest in the II. lands d
as aforesaid to be taken in the proceed
ings, may appear and be heard. Upon said
hearing, if said court shall be satisfied
that the public interests will be advanced
by the establishment and maintenance of
the water in such lake at said height, or
at such other height as said court may
determine, and that the lands and prop
erty designated to be taken or purchased,
as herein provided. or both, or such por-
ton thereof as said court may determine.
are necessary therefor, said court shall
make an order to that effect. to be rec
orded in the minutes thereof and shall
appoint three competent, disintereSted
freeholders, residents of this state, to de-
termine and award the compensation to
be made by such county for taking said
lands and property; provided however,
that in cases where such board shall be
able to agree with the owners and other
persons interested in such lands and prop
thereof at price which such board shall
deem reasonable, said petition to said
court shall also contain statement OF
the price so agreed upon Tor the same,
and if said court upon said hearing shall
approve of such price as to the whole or
any part of such lands or property, no
| appraisement shall be made as to such
lands and property, the price of which
shall be approved by said court and such
board, on such approval, shall be author
lied and empowered to purchase such
lands and property at such approved
prices, and as to the remainder thereof
not approved. said appraisers shall pro-
coed to determine the compensation to be
made, as herein otherwise provided. Said
court shall specify in said order appoint
ing such appraisers the time and place of
the first meeting of such appraisers. Such
appraisers shall meet at the time and
place specified in the order appointing
them, and shall severally take and sub
scribe to an oath. to be administered by
some person authorized to administer
ootbc foitbf1Il1u and inopa rita ll1y 70 dis.