The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1901-04-20

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AN ACT to establish a drainage COM
mission and to provide, for the drainage
Of the swamp and n1a1shy lands Of the
ry, out the provisions Of this act.
Be it enacted by the Legislature OF The
State of Minnesota:
ruary Ssth 1850: ana q Ma nhe1 1at6 6t is 1885,
there was s granted to the State IF Min
of ss Of ay FIVE m a1ts 5000 oo aerss
counties in the state. Of the value of
more than three million seven hundred
thousand dollars ($3,70o,OOO, and more
than three quarters thereof in value and
acreage has heretofore been appropriated
by said state; and,
n Whereas ere by the acts Of CONGRESS grant
proceeds, Of said lands, whether from
sale Or by direct appropriation In, kind,
shall be applied, exclusively as far as
said lands by means Of levees and
drains; and,
Whereas, the State OF Minnesota Is
Ihe OWNER OF large tracts of low wet
state, and the value of said Lands will
be greatly increased and the public health
improved by draining the same,
Be It enacted by the Legislature OF the
State OF Minnesota:
sectlon 1. That commission consist
ing OF the governor the state auditor
and an the secretary Of, state, be- and, the
Of Minnesota The governor shall all be ' the
chairman Of Of, the said commission, and
sion. A majority of the members Of
said commission shall have authority to
act IN 81 matters and perform all du-
Ties required to be performed by said
commission.
Sec. 2. It shall, be the duty of said
commission as soon, as practicable after
the passage and approval of this act to
ascertain the number Of acres of low
wet lands belonging to the state that it
Is necessary to drain In order to mako
where the same is located, and what
clutches and drains it will be necessary
to construct to drain the said Land, and
many bitches of the size and capacity
that they find necessary to effectuaIly
drain said lands, SO that they will be In
hereby authorized to- determine when
where and in what manner the work
herein provided shall be- done; provided.
Tna1 IN eTp Pen the money herein
construct the main bitches or drains
they find most necessary, leaving those
where the necessity for drainage Is less
pressing for subsequent construction,
and II the moneys herein appropriated
are not sufficient. to construct all tine
bitches or drains that said commission
fectually drain the said state lands, they
snail construct as many as-thes money
lney nave at their disposal will allow.
In the execution Of the provisions of this
act the said commissioners shall have
full power to. appoint and. employ as
many agents and servants as they find;
necessary and proper to- comply with
the provisions hereof. -
Sec. 3. In performing the duties. here-
IN imposed pssns upon thsn the commits
70 cake and appropriate all necessary
land OF any person or persons, firms or
corporations for the rigflt-of-way for said
bitches, and II: the owners Of any land,
that 1t Is found necessary to. so take on.
approximate and the said commission are
not able to agree on the price to be paid
Tor the land necessary to be taken for.
the right-of-way for the said bitches. or
the damage that will be Sustained nv
reason OF, the constructions of said fitcha
or when the owner is unknown the said
commission shall file a. petition in. the dis
trict court of the county wherein this Lana
desired is situated describing the land
struction Of said ditch, the name Of th,s,
owner of the land, If known to said corn.
nlsSionerS, and, if not known. slid T,at3
tlGn shall so state. Upon the fling OF ssaia
petition the court shall appoint three dis.
Interested persons commissioners, whose
GUY os ~, It snail pc TO assess the valuation
OF the lard so to be taken, and the dam
ages sustained for the taking the same.
taking into consideration however any
benefits to the adjoining land Of said
owner by reason Of the CONSTRUCTION. Of
said bitches or DRAINS. -
The commissioners before entering mon
the duties of their office shall Seventh
take and subscribe an oath to the effecf
that they will faithfully perform their
duties as such commissioners without
parhaHty, and to- the best of their knnsUIss
edge and ability. which oath sheu IA