The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-24

~ i.ient u tne amount of damages awaTueu
| IN sueH case, IN case Of removal. When
such person or persons shall not have
| erected to remove such buildings, or shall
nave neglected (after having elected) to
| remoye the same within the time above
| specined, such buildings, or so much
thereof as may be necessary, upon paying
| or depostting the damages awarded for
sucn taxing In manner aforesaid, may De
taken and appropriated, sold or disposed
| rect.
Thirteenth-Any person whose property
Is proposed to be taken or interfered with
| or assessed under any provision of this
chapter, and who deems that there is any
lrregular1ty in the proceedings of said
6O Ua;g pody, or action of the APP
pralSers, by reason of which the award
OF the appraisers ought not to be con-
Hrmed, or who is dissatisfied with the
amount of damages awarded to him for
the taxing of, or interference with MS
property, or the assessment thereon, may
at any time before the time specified for
the consideration of the award and as
sesSment by the governing body, file
WIN the secretary of the board or the
city clerk, as the case may be, in writing,
ms objections to such confirmation, set
ing ing forth therein specifically the partc-
ular Irregularities complained of, and
the particular objection to the award or
assessment, and continuing description
OF the property in which he is Interested,
d1ected by such proceedings ana his IN
terest therein, and If, Notwithstanding
such objections the said governing body
shall confirm the award, or assessment,
such person so objecting shall have the
rlght TO appeal from such order of con-
firmation of the governing body to the
district court of the county where such
land Is situate. within twenty days after
such order. Such appeal shall be made
by serving written notice of appeal
upon the secretary Of the board, or the
city clerk, as the case may be, which
snail specify the property of the appel
liant affected by such award and refer to
the objection filed as aforesaid, there
upon said secretary or city clerk, at the
expense Of the appellant, shall make out
and transmit to the clerk Of the district
court copy of the record Of the entire
proceedings, and of the award of the APP
pralsers as confirmed by the governing
pody and Of the order of the governing
BODY confirming the same, and of the OBJ
JectlonS filed by the appellant as afore-
SAID, and of the notice Of appeal, all GER
tlned by said secretary or city clerk to be
true copies, within ten days after the
taking of such appeal. But if more than
one appeal be taken from any award, it
Shal! not be necessary that the secretary
or city clerk in appeals subsequent to the
nrst, shall send UP anything but a certi-
fled copy of the appellants objections.
There shall be no pleading on any APP
peal, but the court shall determine in the
first instance whether there was in the
proceedings any such irregularity or
omission of duty prejudicial to the appel
liant and specified in his written objection
that as to him the award or assessment
VI CAAC app ought nOl TO SldHQ, anu
whether said appraisers had jurisdiction
to take action in the premises.
Fourteenth-The case may be brought
on for hearing on eight days notice, at
any general or special term Of the court,
and the judgment of the court shall be to
confirm or annul the proceedings, only so
far as the said proceedings affect the
property of the appellant proposed to be
taken or damaged or assessed, and de-
Scr1bed in said written objection In case
the amount Of damages or benefits as
sessed is complained of by such appel
liant, the court shall, if the proceedings
be confirmed in other respects, appoint
three disinterested freeholders, residents
of said city, appraisers, to reappraise
SAID damages, and reassess benefits as to
the property Of appellant. The parties
to such appeal shall be heard by said
court upon the appointment of such APP
praiSerS, and the court shall fix the time
and place of meeting of such appraisers,
they shall be sworn to the faithful dis
charge of their duties as such appraisers,
and shall proceed to view the premises
and to hear the parties interested, with
their allegations and proofs pertinent to
the. question of the amount of damages
or benefits; such appraisers shall be gov
erned by the same provisions in respect
to the method of arriving at the amount
Of damages or benefits and in all other
material respects as are IN this chapter
made for the government Of appraisers
appointed by said governing body. They
shall, after the hearing and view of the
premises, make a report to said court of
their award of damages and assessment
Of benefits in respect TO the property of
such appellant. The appellant shall with
In i've days Of the notice of filing the
award file his written election to remove
the building if he so elect. Such election
shall not affect his right to a review. The
award shall be final unless set aside by
the court. The motion to Get aside shall
be made within fifteen days. In case
such report is set aside, the court may, in
its discretion. recommit the same to the
m
appraisers, as it shall deem best;
said court shall allow to said appraisers
a reasonable compensation for their serv-
Ices, and make such award of costs on
such appeal, including the compensation
of such appraisers as it shall deem just
in the premises, and enforce the same by
execution. In case the court shall be of
the opinion that such appeal was frivo-
lous or veXatious, it may adjudge double
costs against such appellant. An appeal
may be taken to the supreme court of the
state from any final decision of the dis
trlct court in said proceedings.
Sec. q. AS soon as such condemnation
proceedings have been completed. it shall
be the duty of such governing body to
ment to be made, with a list of the par
GELS of land taken and the amount paid
on account of each parcel and to file one
OF such maps and list duly certified by
the president of the governing body and
the clerk or secretary, as the case may
be, in each of the following offices, to-wit:
the Office Of the city engineer the office
of the register of deeds of the county
and the office of the city clerk or secre-
tary of the park board, as the case may
be; and the same shall be prima facie
evidence of the full and complete condem-
nation and appropriation of such ease
ment for the public use. AS soon as the
assessments are confirmed, the secretary
of the board Of park commissioners or
the city clerk, or the clerk of the dis
trict court, as the case may be, shall
transmit a copy thereof duly certified to
the county auditor of the county in which
the lands lie. The county auditor shall
list for the collection Of state. county and
city taxes against the several tracts or
parcels of land, and said assessments
shall be collected with and as a part of
and shall be subject to the same penal
ties, costs and interest, as the general
taxes. Such assessments shall be set
down in the tax books in an appropriate
column to be headed, Building Line
Assessments and when collected sep
arate account thereof shall be kept by
the county auditor, and the same shall be
transmitted to the treasurer of the city
and placed to the credit of the proper
fund.
Sec. Z. The governing body shall have
power at any time to Vacate such build
ing line easement or any portion thereof.
Sec. 8. This act shall take effect and
be in force from and after it's passage.
Approved April IA, 1903.
CHAPTER 1871. F. NO $50.
AN ACT to provide for the release and
discharge of executors, administrators
with the county treasurer of funds be-
longing tO absent heirs ePateeS wards