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

property and franchises, or n and all
thereof, shall be instituted by the presen-
tation Of a petition in the name Of the
city by the city attorney OF SUCH clty
OF the common council OF such CITY,
passed by a majority vote Of all mem.
pers elected to such council TO tns dlstriGt
court OF the judicial district In which such
city shall be situated, setting t''rth a
description Of the property iranchlses
TO De condemned with reasonable GER
talnty and the names:of the owners there
OF and OF all persons or corporations nav
ing or claiming any right, title. or interest
therein as owners or lienors or otnerWlse
SO far as the same appears OF record IN
any county IN which sa1d cry sy OF ANY y
that such city may be authorized to take
n hold said property and tranchlses
Forever for the public use, free from az
making just compensation therefor, and
that commissioners Of appraisal be APP
pointed to ascertain the just compensa-
ZION to be made to any person or corpora
ton In any manner interested therein.
Sec. 8. There must be annexed to such
petition a notice addressed to the owners,
lienors and other persons interested spe-
cihcally named in the petition n gen
orally TO all other persons ind corpora
lions having or claiming any, right, title
or interest in the property and franchises
described IN said petition and sought to pc
condemned, whether as owner, henor or
otherwise, specifying the time and place
at which such petition will be presented
to the court.
Sec. 4. Such petition and notice shall
pc served at least eight days oefore the
tation Of such petition to the court Upon
such Of the owners and lienors specifically
named in the petition as can with reason
able diligence be found within the state
In the same manner as personal SCI vice or
the summons In civil action in the dis
trlct court is by law required to be mace,
upon such as cannot be found With
In the state, and upon all other persons
and corporations having or claiming any
right, title or interest in or lien upon the
property and franchises described in said
petition, whether as owner, llenor or
petition and notice in a daily newspaper
published in such city, If such there be.
for ten consecutive days excluding sun
day. ending at least eight days before
the day named in such notice for the
presentation of such petition AND, IN case
there shall be no such daily newspaper
published in such city, the term "Gadly
mean a newspaper published on each day
Of the week, excepting Sunday. then the
same shall be published for two consecu-
tive weeks in some weekly newspaper
ton to be at least Gig eight days before the
day named in such notice for the presen-
tation of such petition and, in case there
shall be no daily or weekly IewspaRer
poOA4GAACO Al ouN1A lily L1ioA 3NSAA. oSAS
and petition shall be published In the
n provided by law for the pubica-
ton of a summons in a civil action and,
la s at lee esse, eig she t days pp pefore the sd day
! named in such notice for the presentation
Of such petition.
Sec. s. Upon the presentation Of said
petition and notice and proof satisfactory
to- the court Of the service thereof as
~hereinbefore required the court at the
time specified In the notice CT at any
time to which the hearing shall be ad.
journed or continued by the court, shall
senting such petition to lake and hold the
I property and franchises described in such
petition forever for the public use free of
all liens and encunbrancss whatsoever
provided the property and franchises de-
scribed in such petition are eSch as the
condemnation thereof Is by this set au-
franchises are attempted to be described
in said petition, the condemnation of
which is not herein authorized, the said
i S1gr' Of fnAl! such + s efasz om Specify # ms shs
same in such order and, the same shall
thereupon be deemed and taken to be
stricken out Of such petition and shall
not be further considered in such pro-
ceeding, and the court shall further APP
point in and by such order three dis
interested freeholders, residents Of the
s stateta Of Nh Minn fSs{ o1 commissioners rs to to
oSSSA SNAAA SAAS " nv
any manner interested therein and the
court shall by sEch rider. tx the time
commissioners and any person or cor
poration having or claiming any interest
whatsoever IN the said property or fran
person or by attorney upon any sub
sequent application to the court and to
be SO heard n present his proofs upon
any hearing before the commissioners.
Gan n NJ 00rcn mr. nrro1 ~o f30, cho1
be. entitled to any notice Of proceedings
subsequent to the making Of the order
provided for by the last section other
required unless he shall serve upon the
attorney of the petitioner a. written
notice OF his appearance naming 8. place
where notices may be served upon him
written notice of such subsequent pro-
ceedings shall be given him by leaving
the same at the place 80 named:
to se Be- r np bhe c9m I'M 5 daiiy s naWso cause
published in said city, If. there be one.
for ten consecutive days. exclusive Of
Sunday. a notice setting forth q time
public meetings at which they will hear
the proofs and allegations Of the par
ties interested which shall be the time
and place fixed by the order as here
adjourned from time to time. as the COM
missioners may deem proper.
In case there shall be no daily news
Be published in some weekly news
paper published in said city for at
least the twS Gate son of snch . hsarfng p ana,
in case there shall be no such newspaper
published in such city than a copy Of
such notice shall be posted in three 90
shall be the United States postofice.
Proof Of the publication or posting OF
all notices provided for in this act shall
be beod MADE at t as p,,P y by =, law : s, for ,od the
in a civil action in the district court and
by the affidavit Of the person posting
such notice filed with the clerk of the
proceedings herein provided for shall be
pending. In case said commissioners
shall fail to meet at the time and place
appointed in such order or in case notice
Of such meeting shall not have been
given as herein required said court may
without. notice make and file with the
clerk of said court in which such pro-
Of ike import. as the FIRST fixing another
time and place for the meeting Of said
commissioners in which case like pro-
ceedihngs shall be had as are herein PRO;
order fixing such time and place.
Sec. 8. Before proceeding the commits
sioners shall take and subscribe the
peferees. Any Any Of Them them may issue SUBJ
poenas and administer oaths. A major
ity Of them may adjourn the proceedings
discretion. They shall view the property
described in the petition and shall hear
the proofs and allegations Of all persons
interested and reduce the testimony taken
testimony is closed, they, or a majority
of them all, being present without un-
necessary delay shall ascertain and de-
termine the compensation which ought
Justly to be made by said city to each
person or corporation having any in
terest in or lien upon the property and
franchises condemned. z..,
Sec. 9. The commissioners shall make
a report Of their proceedings and deter