Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-08-28

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law, to all those portions of the prem
ises described in sections l aud 2 CT
this ordinance, which said city does
not now own and to which it may not
be able to obtain title by purchase,
and the city solicitor is hereby or
dered and directed to promptly pro-
ceed in the name of the city of OF
tumwa to procure title to the same,
at the earliest date practicable, by
condemnation proceedings, as provia-
ed by law"
Capt. jacques Opinion.
The following opinion relative 10
the city's right in condemnation pro-
ceedings was given by Capt. w. H.
c. jacques, city solicitor.
Section $50 of the code of Iowa,
provides that, cities and towns shall
have the power to provide for the
condemnation Of, pay for out of the
general fund, enter upon and take
any lands within or without the terri
torial limits of such city or town for
the following purposes: For parks,
commons, cemeteries, etc.
This is the general law of the state
of Iowa and substantially the same
as the common law. Section $50 and
following sections up to $50 of the
code provide that in cities having a
population of 10000 or over, three
park commissioners shall be elected,
one each even numbered year, and
shall have power to acquire real es
tate within the city for park purposes.
Section $50 of the code affords the
same rights to cities under 10000
in population. but says they may pro-
vide by ordinance for the election of
park commissioners, who shall have
substantially the same power as above
set forth. AS far as can be determ-
ined on hasty' examination, the ST.
preme Court of Iowa has passed upon
the question of condemning lands fol-
park purposes, as will be seen by SET
In that case. section $50 OF the code
| which relates to cities having popu-
| lation of over 10000 inhabitants was
not passed upon, but the supreme
court passed upon section $50 relative
| to cities under 10000 in population,
and said that the words may provide
| by ordinance for the election of park
commissioners was not inconsistent
with the power granted to cities and
towns in section $50, and that the city
of Cedar Rapids could condemn prop
erty for park purposes without the
| election of park commissioners. 1t
seems to have been admitted in that
case that the city of Cedar Rapids
had population of less than 10000.
| The above named case also holds that
the person whose land was sought to
be condemned, could not raise the OBJ
! lection that the expenditure would ex-
coed the constitutional limitation OF
| Indebtedness, for the reason that the
persons whose land was sought to be
condemned would be paid in cash. and
as to him, it was a cash transaction
| This case is not authority in this mat.
| ter, in my opinion, unless it is clear
that the city of Ottumwa has popn
i lation of less than 10000 inhabitants
If the city of Ottumwa has popula
ton of more than 10000 inhabitants
then section $50 of the code must gov
ern and under its provision park com
4 missioners must be elected. The wori
4 shall as used in the code is impera
| tive, and no other course is open tt
the city except to elect park commits
Il sioners as therein provided, and tc
condemn the lands as provided by sec
ton 1853 of the code.
again the case above cited, REFER
ing to the question of Indebtedness
beyond the constitutional limitation
was determined adversely to the prop
osition that the costs of the work in
; CURED and other Indebtedness of III
5 city exceeded the constitutional linn
!, tation for the reason that no on
4 complained except the persons who's
: property was sought to be condemned
e and the supreme court held that q
4 it was cash transaction between hir
and the city no question of indebte:
ness was raised. How that might b
4 IL the taxpayers should oppose tn
{ levying of the tax by the city woul
!, be an entirely different question.
# my opinion the city could not Law
:. fully agree to purchase property fC
:. park purposes in any manner, whethe
d out of the general funds or oths
!, funds contributed by the city, if til
). money to be expended together wir
:. the other Indebtedness would eXcee
% the constitutional limit of indebte
IL ness
!. "The above is a question of fac
:. as to whether the city of Ottumwa
If city of more or less than 10000 i
Il habitants. This must be determine
q. by the last official census. What til;
70 census shows, your solicitor is uni
s. formed. 1t is also question of IA
II as to whether or not the amoul
d needed to pay for the land sought
ID be condemned together with the 9TH
q debts of the city at this time wou
i amount to more than the constitutio
ii al limit of indebtedness. If the city
ID Ottumwa has less than 10000 inhal
tants and if the sum to be expendt
together with the other debts Of Il
city would not exceed the const!t
e. tional limit of Indebtedness, then
my opinion the city of Ottumwa u
IN power to condemn the land in que
h ton for park purposes, if otherwi
x it has not.
b. Respectfully submitted,
ne "W. H. G. Jaques."
IL Title to BlackhaWk.
al. On motion of Alderman Barnes !.
"a following resolution relative to sec
Ia ing a title to certain sections of Blat
1,n,,1, on5 Cbarroop ctr WAS