Echo de l'ouest. [volume] (Minneapolis, Minn.) 1883-1929, 1903-05-01

pose, and shall. be entitled to the pay
ment OF the amount Of damage awarded
In such case, in case Of removal. When
such person OF persons shall not nave
elected to remove such buildings, or shall
have neglected (after having elected) to
remove the same within the time above
thereof as may be necessary, upon paying
or depositing the damages awarded for
such taking In manner aforesaid, may be
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 TINS
irregularity in the proceedings Of said
governing, body, or action. of the ap,,
praisers. by reason Of which the award
Of the appraisers ought not to be CON
tirmed, or who is dissatisfied with the
amount of damages awarded to him for
the taking Of, or interference with his
property. or the assessment thereon, may
at n time before the time specified for
the consideration Of the award and as
sessment by the governing body, file
with the secretary of the board or the
city clerk, as the case may be. In writing,
his objections to such confirmation, set
ting forth therein specifically the 1part1c--
ular Irregularities complained of, and
the particular objection to the award or
Of the property in which he is interested,
affected by such proceedings ana his in
terest therein, and if, Notwithstanding
such objections the said governing body
such person so objecting shall have the
right to appeal from such order Of con-
frmation Of the governing body to the
district court Of the county where such
such order. Such appeal shall be made
by serving a written notice of appeal
upo the secretary Of the board, Or the
city clerk; as the case may pc, which
liant affected by such award and refer to
the objection filed as aforesaid, there
upon said secretary or city clerk, at the
s sn9 tTan OF 9 the e. a tIs c7a1E s 81 4ba ma djstr GGt
court a copy Of the record Of the entire
proceedings, and Of the award OF the ap-
pralsers as confirmed by the governing
b body e and Of the +6 order i = no Of the the e f6c ing
Jectlons filed by the appellant, as afore-
said, and Of the notice Of appeal, all GER
tilted 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, 1t
shall! not be necessary that the secretary
or city clerk in appeals subsequent to the
fled copy Of the appellants objections.
There shall be no pleading on any ap-
peal, but the court shall determine in the
first instance whether there was in the
proceedings any such i~rregularity or
omission of duty %prejudicial to the appel
liant and specified in his written objection
that as to him the award or assessment
Of the appraisers ought not to stand, and
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
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
scribed in said written objection. In case
the amount Of damage or benefits as
sessed is complained Of by such appel
liant, the court shall, if the proceedings
three disinterested freeholders, residents
Of said city, appraisers, to reappralse
said damages, and reassess benefits as to
the property of appellant. The. parties
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
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
1lduS lOI I41S government VI dpPAcAoS. ~
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 five days of the. notice Of filing the
award file his written election to remove
the building If he SO elect: such; elec1 T6a
award shall be final unless set aside by
the court. The motion to get aside shall
be made within fifteen days. In case
;4a report ere4;aI is set yeeo agide{ the The e court may ma th IN
a apIae agp' ass as it Shall deem best;
said court shall allow to said appraisers
a reasonable compensation Tor 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 mai decision of the dis
trict court In said proceedings.
Sec. 6. AS soon as such condemnation
proceedings nave been completed. it shall
be the duty Of such goyerning body to
ment to be made, with a list of the par
cells 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 n 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 De, sha an
the county auditor Of the county in which
the lands lie. The county auditor shall
include the same in the next general tax
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
taxes. Such assessments shall be set
down in the tax books in an appropriate
column to be headed, Building Lin
Assessments and when collected a sep
the county auditor, and the same shall be
transmitted to the treasurer OF the city,
and placed to the credit of the proper
fund.
power at any time to vacate such build
Ing line easement or n portion Thereon;
Sec. 8. This act shall take effect and
be In force from and after It's passage
Approved April II, 1909.
CHAPTER 18Th. +. NO. 533.
AN ACT to provide for the release and
discharge Of executors, administrators
and guardians, and for the deposlting
with the county treasurer OF FUNDS De
longing to absent heirs, legatees, wards
or creditors, or other persons whose
whereabouts cannot be ascertalned:
Be it enacted by the legislature OF the
State Of Minnesota:
Section 1. That whenever an executor
or administrator shall have fully com
piled with all the terms and conditions
of the final decree of distribution and OF
all other DEGREES and, orders Of the pro-
court Amounting him, and shall have