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

under an obvious mistake of facts.

under an obvious mistake of facts.
Sec. 15 After the confirmation Of said
assessment said board shall cause copy
thereof to be filed in the office Of the au-
ditor OF each county in which any part Of
the lands so assessed shall be situated
The assessment shall be a lien on the sew
eral tracts or parcels of land specified
therein, for benefits as aforesaid. The
proper officers of the county or counties
in which said lands so assessed shall be
situated shall respectively include the as
sessments of such lands in the next gen
eral tax list for the collection of taxes
made after said copy shall have been so
hled, setting opposite each several tract
or parcel of land assessed in their respec-
tive counties the amounts of the assess
ments in the proper column, and like pro-
ceedings shall be had in all respects for
the collection of the same as now pro-
vided for the collection of taxes in said
county or counties. In case any of said
lands so assessed for benefits shall be
situated In any other county than the
county in which such proceedings are in
stituted, the county treasurer of such 9TH
err county shall account for and pay over
to the county treasurer of the county in
which such proceedings are instituted the
amounts so assessed against such lands in
such other county as fast as they shall be
collected, as herein provided.
Sec. 16. In case, by the maintenance Of
the water in any such lake at the height
established in such proceedings, the water
in such lake shall be raised above the
natural and ordinary high water mark
therein, so as temporarily or permanently
to affect injuriously, or permanently to
take or flow any property, or if in any
other way, in consequence OF any i'm
provement made pursuant to any proceed
ing hereunder, there shall be taken or in
juriously affected any property other than
that for the taking Of which compensa-
ton has been awarded, as herein provided,
then any person whose property is so IN
flowed shall have the right within SIX
months after such property has been so
injuriously affected or permanently taken
or flowed, to apply to the said district
court for the appointment of appraisers
to determine and award the comre nsation
to be made to him by the county in which
such proceedings were instituted for so
injuriously affecting or permanently tslk-
ing or flowing his property, and upon such
notice to such board as said court may
direct may bring on for hearing before
of such appraisers. Any other person
claiming to be similarly affected may
join in said petition or intervene in the
proceedings Hereunder, provided he shall
do so within six months from the time
when his property was so affected or
taken, and any person SO similarly
affected who shall not so join or intervene
in such proceedings after knowledge that
the same are pending, shall in Case he
shall make any independent application
within six months from the time his prop
erty is so taken, or injuriously affected,
for the appointment by said court of ap-
praisers to determine and award COM
pensation to be made to him by said
county therefor, bear all the costs of such
independent proceeding. Upon such hear,
ing of such application, said court shall
appoint three competent, disinterested
freeholders, residents of this state, who
shall proceed to determine and award the
compensation to be made by said county
for so injuriously affecting or permanent
ly taking or flowing the lands described in
the application of such person or persons,
and for which no compensation has there
q rIp hi nnt S11Eh
appraisers shall proceed in all respects as
hereinbefore provided with reference to
the appraisers to be appointed upon ap-
plication of such board and all Of the
provisions of this act relative thereto, and
to the control and direction of said court
over such appraisers and over their award
shall apply to the proceedings had under
and pursuant to the appointment herein
provided for. Upon the hearing of any
such application by such person, if such
board shall deem it necessary for any Of
approval of said court, have said apprais-
ers so to be appointed determine and
award such compensation as such ap-
praisers shall deem just to be made for
affect or flow said property, or for the fee
Of any such property permanently taken
or flowed. or of any part thereof. Such
board may also agree with any such per,
for such right, or for the fee of such
property, or of any of the same, and if
the same shall be approved by said court
such board shall be authorized to pur-
chase said right or any Of said property
at such approved price. The compensa-
ton awarded for such property on such
application of such person or persons and
finally confirmed by said court shall be
paid by such county, as provided in sec
ton eleven CID hereof In like manner
as is hereinbefore provided for the as
sessment, collection and payment of
benefits for the property taken by such
board hereunder, as often as may be
necessary, benefits accruing by the ac-
QUESTION hereunder of such additional
:tloWage and other rights or property shall
be assessed. collected and paid over.
Sec. IL. Said court shall allow a rea-
sonable compensation to all appraisers
and assessors hereunder for their service
and make such award of costs on the
hearing of all objections as it shall deem
just.
Sec. 10. The county attorney of such
county. or such other attorney as such
board may designate, shall conduct the
proceedings under this act on behalf Of
such board.
Sec. 10. The cost of maintaining such
act shall be borne by the board of county
commissioners Of the county making such
improvements, and such board shall have
control and management of such improve
ments, and shall use and control the same
for the best interests Of the public. The
title Of all the property acquired and
taken by virtue Of the proceedings had
under this act shall vest in the board of
county commissioners Of the county in
which such proceedings are taken, upon
payment being made therefor. as herein
provided, and such title shall be in fee
simple or such inferior estate as such
board shall designate 1t intends to take
and shall pay for and acquire by such
proceedings.
Sec. 20. This act shall take effect and
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