The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-24
CHAPTER ISIS. #. NC. 4o2

CHAPTER ISIS. f. NO. 402.
AN ACT to reimburse owners OF land
damaged by bitches or drains construct
ed under the provisions of chapter two
hundred and fifty Eight (25s) of the
General Laws of nineteen hundred and
one Q90D.
Be 1t enacted by the legislature OF the
State of Minnesota:
Section L That whenever any land adj
Jacent to any ditch or drain constructed
under the provisions of chapter two hun
dred flfty-eight (259 of the General Laws
of 1901 has been damaged subsequent to
the construction of such ditch or drain
by reason of a part of the soil being car
ried away by water flowing through said
ditch or drain, or by the deposit of earth
or any other foreign substance (snow and
Ice excepted) on said land, and which
damage was not considered and Included
IN the award OF the viewers appointed in
the proceedings to construct such ditch or
drain. the owner of the land so damaged
may, at any time within six years after
the completion Of the ditch or drain caus-
ing such damage petition the board of
county commissioners of the county
where the land claimed to be damaged IS
situated, for the appointment of viewers
to ascertain and report the amount OF
sucn damages, such petition shall stata
the description OF the land alleged to have
been damaged, the amount of damage
claimed, the location of the ditch or
drain, the description Of the land found In
the proceedings to construct said ditch
or drain TO have been benefited by its
ers Of the land benefited, as shown by
the last assessment roll
Upon the fling of the petition end a
pond In the sum Of one hundred dollars
condltloned that II It finally be deter
mined that no damages have Leen sIs-
Ialned that are properly allowable under
pay all the expense Of the proceedi1ga
mad under the petition, It shall be the
duty OF the board Of county commissions
ers at tneir next regular or special meet
quanned under the provisions of section
nVe C5) Of chapter two hundred fftv-eipbt
OF the General Laws of 1901, Hewers, Sc
lectng If practicable the same persons as
acted as viewers in the proceedings to
construct the drain or ditch causing the
damage and the board of county com
LnlsSloners shall fix the time and Mace
for the first meeting of the viewers
Whlcn shall be not more than twenty (20i
Gays from the date of their appointment
"a case 70, any OF the viewers so appointed
shaII 1aIl tor any cause to qualify the
county auditor shall designate some prom
or person TO take his place. Each Of said
viewers we before entering upon the duties
oath that he will faithfully perform his
duty as viewer and file the same In the
once OF the county auditor.
oo Opon the appointment of the viewers the
county auditor shall give notice To oaT
tIeS interested, and whose lands are liable
10 De assessed for the payment NJ ne
S Haiaases GAINED, by one publication at
M
the viewers in the newspaper in -ubicb
the last delinquent real estate tax Lief
Vas Vas published. If that paper is still pub
legal newspaper printed and pu6IisbIsJ no no
the county, and If there is none in sorn1
newspaper published at the state omit
T SiaDtg 'ne date and first meeting of the
viewers, and that any party intersstaS
may appear at that meeting and ar @IIcb
etner tlme and place as the viewers NAV
NIX, ana be heard in relation to the dam,
ages ana such other matters as the ,Cieu,
erS are authorized to hear and daterra{n
ana PROOF or the publication II aid Yo
tice snail be filed in the Office ~ H.
county auditor prior to the first meeting
Sec. The viewers shall meet ar +b.
une ana place named by the board 81
county commissioners for their first meet
ing and near such evidence as shall 10
onered by the petitioner or auV Inter
ested party, and for that purpose tbe,,
may adjourn their hearing from time ~,
a. sisn IA ana TO such places in the county
as they may deem proper, and thew shall
MAKE a personal examination of the dam
aged premises and inquire into the caIse
ana amount OF damage. and If they find
lAdL any OaInage contemplated by section
one % Of this act has been done tba
Iand described in the petition. thev shall
make an award in writing, stating the
cause and amount Of damage and fiis
said award in the office of the co,,+ ne
auditor, and the county auditor shall
after the time to appeal has expired az
AeASiILd1Ier provided, II no appeal is TAX
en-, issue an order on the county treasurer
Tor the amount of such award in favor
Of the party entitled thereto. and the
amount so paid, together with the fees
and expenses of the viewers shall be ag
sessed against the land that was found in
the proceeding to construct the ditch in
question to have been benefited In the
proportion and manner provided by chan
ter two hundred fifty-eight C25Sl Of thA
General Laws Of 1901 for the assessment
Of benefits.
If the viewers find that no damages have
been sustained that are properly allow
able under the provisions Of this act they
snail SO report. and the expenses Of the
proceeding shall be paid by the petition
er. and on his failure to pay the county
may maintain an action on the bond here
inbefore provided for.
Each of the viewers shall receive thraA
dollars $500 per day for each day actu.
ally and necessarily spent IN the perform
ance Of his duty as viewer not exceed
ing five days. together with his actuaI
necessary expenses, an ttemized accounr
thereon TO be filed with and audited and
allowed by the county auditor, and paid
by the county treasurer on the order az
the county auditor.
Sec. 3. Either the board Of county com.
mtsstoners, the petitioners or any parfv
whose lands are liable to assessment FOR
the damages awarded, II they feel aRHriev
ed, may within thirty (30) days after the
ming OF the viewers award appeal 70
the district court OF the county Ia which
the proceedings are had py serving on
me parties VINO nave appeared In the pro-
ceeongs before the viewers and flinr