The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1903-05-02


be filled by the governing body.
second-The appraisers shall be sworn
to discharge their duty as appIa1sseaSH; +1 ~.
the matter with impartiaity + ana acfs 70
the governing body. o+;oa
Third.The appraisers shall give notice:
by publication in the official neWspa ap1,r
of the city, once week for two consecu,
tive weeks, which last publication shali
be at least ten days before the day OF
such meeting, which notice shall CONAN
mated by the governing body, and and , give
notice that a plat of the. same mas ceen
filed in the office of the city clerk or sec,
rotary. as the case may be, and that ma sac SAG
appraisers will meet at place ana tllne
designated in the notice. and thence pro-
coed to view the premises, and aPpralse
the damages for property to De taken, VI
which may be damaged by such improve
ment, and to assess benefits in the man
ner hereinafter Spec1hed. .
Fourth-The secretary or city clerk
notice, and at least six days Sundays ex-
cluded) prior to the meeting speclfled IN
said notice, serve upon each person III
whose name each tract or parcel OF lahd
depositing the same in the postoftlce Of
said city, with postage prepaid, directed
to such person at his place of residence
if known to the secretary, or cry c cn ~
residence as given in the last publlshed
city directory of said city, if his name ap-
pears therein.
After the first publication Of such no
tice and at least six days (Sundays ex-
cluded) prior to the meeting speclled IN
said notice, a copy of the same shall
also be served upon the person IN poHse -
sion Of each of said tracts or parcels OF
land, or some parts thereof, if the same
be actually occupied, in the same manner
as provided for the service Of summons
in civil action in the district court. "A
copy of all subsequent notices relating to
said proceedings which are required to be
published, shall be mailed by said CLERK or
secretary in the manner above speclh;ed,
Immediately after the first pubncatlon
thereof, to such persons as shall have ap,
peared in said proceedings and requested
in writing that such notice be mailed 10
them.
Fifth-At the time and place mentioned q
in the notice, the said appraisers snail
meet and thence proceed to view tne
premises, and may hear any evldence or
proof offered by the parties interested,
and may adjourn from time to time tor
the purposes aforesaid. When their view
and hearing shall be concluded they shall
determine the amount OF damage oa, IL II
land Of which that taken is a part They
shall also determine the amount of benec
fits, if any, to each piece or parcel Of
the damages exceed the benefits to-, any
particular piece, the excess snail be
awarded as damages. If the DEMENT'S ex-
coed the damages to any particular plece'
0~ooSsoON
fits but the total assessment Tor oenents
shall not be greater than the aggregate
net award of damages; and in, every case
the benefits assessed upon Inc t SeVe1a a.
tual benefits received, and no assessmenS
upon any particular piece snail exceed
the amount of actual !. dement's a1ter oe-
Sixth-If there be any building stand
ing. in whole or in part, upon any parcel
Of the land to be taken, the said apprais-
ers shall, in such case detef Ia ne r tIJ
to the owner or owners thereof, in case
such building, or SO much as may ne
necessary, should be taken, and shall also
appraise and determine the ano ~ o1ur ~
ers in case he, or they, shall elect to re-
move such buildings.
seventh-If the land and buildings be-,
long to different persons, or II the lana
t be Subject to lease, mortgage or jHdg :
ment, or if there be any estate less than
an estate in fee, the injury or damage
done to such persoaa o OF the
" by the appraisers. Provided, that
neither such award Of the appraisers, nor
the confirmation thereof by the govern ;v m
ing body, shall be deemed to require the
payment Of such damages to the person
or persons named in such award in case
it Shall transpire that such person or
persons are not entitled to receive the
same.
Eighth-The said appraisers having as,
certained and appraised the damages and
benefits as aforesaid, shall make and ME
with the secretary or CITY c1epf tx +b as se
ton in the premises, embracing sched-
ule and appraisement Of the damages
awarded and benefits assessed, with dee
scrIptions of the lands, and the names OF
the owners If known to them, and also
a statement Of the costs OF the proceed
ing.
Ninth-Upon such report being filed, the
ne ho r6 clerk
give notice that such appraisement mas
been returned, and that the same will be
considered by the governing body at a
tice, Which notice shall be published In
the official newspaper Of said city, once
a week for two consecutive weeks, and
the last publication shall be at least ten
days before such meeting. Any person
interested in any building standing IN
whole or In part upon any land required
to be taken by such Improvement, sinai!
meeting in such notice, notify the gov
ernng body in writing Of his election to
remove such building, if he so elect. The
governing. body upon the day fixed for or
any subsequent meeting to which the
same may stand over or be referred, shall
have power in their discretion to confirm,
revise or annul the appratsement and
assessment, giving due consideration to
any objections 1nterposed by parties in
terested in the manner hereinafter spec1-
fed, provided that said governing body
shall not have the power to reduce the
amount of any award, nor increase any
assessment. In case the appraisement
and assessment is annulled, the govern
ing body may thereupon aPpo1nt IN, new s ap-
ner as in case Of the first appra1sement,
and upon the coming in of their report,
the governing body shall proceed In
like manner and with the same powers as
in the case Of the first appraisement. In
case any owner or owners shall elect to
remove any building Or buildings, and
thereby reduce the amount Of damages to
he maid, the amount of reduction shall be
deducted from the benefits assessed TO
each parcel proportionately before con-
firmation thereof.
Tenth-If not annulled or set aside,
such awards shall be final, and shall be
a charge upon the city, for the payment
of which the credit of the city shall be
pledged. Such assessments shall be and
remain lien ana charge aI uRG pa the re re
shall be paid to the persons entitled
thereto, or shall be deposited and set
apart in the treasury Of the city for the
use of the parties entitled thereto. with.
in six months after the confirmation of
the appraisement and award. But IN
case any appeal or appeals snail pc TAX
en- from the order confirming SAID ap-
ter provided, then the time for payment
of said awards shall be extended until
and including sixty days after the final
determination OF all appeals taken IN the
proceeding, and in case Of any change IN
the awards or assessment upon appeal,
the governing body may, by resolution
duly adopted, at any time within sixty
days after the determination of all ap-
peals, set aside the entire, proceeding.
ANY awards so set aside shall not oe
paid. and the proceedings as to the
tracts for which the awards are so set
awards not so set aside shall be a charge
UPON the city, for the payment Of which
the credit of the city shall be pledged.
All awards shall bear interest at the rate
time of the filing of the original APP
nraisers' report, and all subsequent