The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-03

Section 1. If twenty-four freeholders or
any county containing one hundred or
more legal voters, and twelve freeholdefs
of any county containing less than one
hundred legal voters, petition the board
of county commissioners Of such county
for the location. establishment, change or
vacation of any highway or cartway run
ming into more than one town, or on the
line between two towns of said county,
or along the shore of any lake situated
wholly. or partly within said county, ana
within the limits Of any incorporated city,
whether such highway or cartway is con-
nected or to be connected with other
roads or not, setting forth in such petit
ton the beginning, course and termina-
ton of the highway or cartway proposed
to be located. established, changed or va
Gated together with the names or the
owners of the land, if known, through
which the same may pass, the auditor OF
such county shall lay such petition before
the board of county commissioners at the
next session thereafter.
Sec. 3 When the board of county COM
missioners to whom such petition is pre-
scented are satisfied that at least thirty
days notice thereof has been given before
the session of said board at which SUCH
petition is to be heard by posting up no
tees in three of the most public places
in each of the towns through which such
highway is proposed to be located
changed or vacated, the board of COM
missioners shall appoint from the mem
berS thereof a committee to examine such
location,
or vacation; and the board, if necessary,
shall designate time when and a place
where such committee will meet upon
such route.
ed said committee shall meet and proceed
to examine the highway proposed to be
located, changed or vacated, and IN Such
examination may employ competent sur
veyor.
Sec T. After such committee have
completed their examinations, they shall
make a report of their proceedings, set
ting forth the highway proposed to be 10
Gated established, changed or vacated; by
course and distance, and recommending
therein, according to the opinion OF the
majority, either that the prayer OF the pc
titioners be granted or rejected; copy
of which report shall be returned to the
board of commissioners at their next ses-
sion thereafter.
Sec ). At the next meeting of the board
of commissioners they shall proceed to-
determine the prayer of such petition:
and such board shall declare it granted If
a majority of the board so agree, and
shall direct the auditor to notify the su-
pervisorS of the several towns in which
such road is located or established, or
change or vacation is made, when such
supervisors will cause to be opened so
much of such highway as lies in their re-
spective towns; provided, that. all dam
ages sustained by reason of laying out or
altering any county road shall be assessed
by the county commissioners laying out
such road, and paid by the county.
Sec. 6. If at the session of the board
of commissioners at which the report of
the road committee appointed to examine
such highway is presented, any person
over whose land such road passes shall
demonstrate against granting the prayer
of the petition, setting forth in writing
that he is damaged in a sum mentioned,
by the location, change or vacation of
such highway, to the truth of which he
takes and subscribes an oath, such x, board
port and the evidence before them. the
amount of damages sustained, and wheth-
er the damages SO assessed are greater
than the utility of the proposed highway
or change; and if they deem the road Of
sufficient advantage to the county to war
rant the paying of the damages assessed
by the board, they shall declare such
all damages declared assessed shall be
paid by the county Interested; but if they
shall determine that the damages as
sessed are greater than Cthe advantage
of the proposed location or change, they
shall order the petition dismissed.
Sec. Z. Every road located by state or
shall only be changed or vacated by an
order of the county commissioners, as
provided for in this chapter. All damages
claimed IN the location of any state road
this state shall be determined by the pro-
visions of this chapter, the same as in the
location of county road; and the organ
road is located shall be liable for such
damages. 1t shall be the duty of the
county commissioners to cause all the
proceedings in the location, changing or
vacating airy state or county road, to be
recorded in suitable book provided for
such purpose, to be known as the Book
of State and County Roads" and said
book shall be a public record, and shall
be prima facie evidence in all the courts
of this state of it's contents. The said
county commissioners are authorized to
allow a reason able compensation for such
inO
folio.
Sec g. That in all cases where the ter
ritorlal or state roads have been heretofore
laid out or Travelled through or across
land which has since been duly and legal.
1y embraced within the limits of any pub
lie park in any city in this state, which
park contains walks and drives through
the same, so much Of said state and ter
ritorial roads as is embraced within the
limits of any such public park is hereby
vacated; provided, however, that nothing
ton of any road or street which has been
designated as a parkway by any board of
park commissioners.
Sec. 9. The county commissioners have
general supervision of county roads, and
have power to appropriate such sums of
money from the county treasury as they
think advisable for opening, vacating, re-
surveying, or otherwise improving such
roads, not exceeding in any one year the
sum or ratio of one thousand dollars to
each five hundred thousand dollars of as
sessed valuation of real estate in such
county; provided, that additional sums
may be appropriated, but shall not be ex-
pended except upon ratification thereof
by vote of the people to assist in build
ing bridges; and opening and repairing
direction; provided, further, that the
towns through which any county road
may pass shall! keep such road in repair,
the same as other roads in their towns.
Sec. 10. That whenever any board of
county commissioners of any county shall
determine to expend any portion of the
county road and bridge fund.- not ex-
ceeding the sum of three hundred dollars
to aid in the construction or repair of
roads and bridges in any town of such
county, the same shall be appropriated
and expended as hereinafter provided, and
not otherwise.
Sec. II. Whenever any board of county
commissioners shall make any appropria-
dred dollars, out Of the ''road and bridge
fund.- of such county, to aid in the con-
struction or repair Of roads and bridges,
or either. in any town of such county, the
board of county commissioners making
such appropriation shall direct the county
auditor of such county to draw a warrant
on the treasurer of such county for. the
amount of such appropriation, making
the same payable to the town treasurer
of the town for which such appropriation
is made
Sec. IL. No damages shall be assessed
or allowed under the provisions of this
chapter to any person, persons or corpo-
ratons by the reason of laying out any
new road or altering any old one. when
the title of the land over which such road
passes was vested in the state or the
United States at the time of the location
of such road excepting as otherwise pro-
vided in this chapter.
Sec. 10. The county commissioners, In
cases of county roads, and the town SUI
pervisors, in cases of town roads, may as
sess and allow damages on application,
in cases where roads have been previous
ly laid out and no damages have been as
they consider such assessment just and
right; provided, however, that no damages
shall be allowed Or maid unless annlica ton