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

l
be, filled by, the governing body.
Seeohd-The appraisers shall be sworn
to discharge their duty az appraisers In
the matter, with impartiality and fidelity;
and to make due return Of their acts to
the governing body.
Thiro-The appraisers shall give notice,
| by publication In the official newspaper
Of the city. once q week for two consecu-
tive weeks. which last publication shall
| be at least ten days before the day Of
such meeting, which notice shall contain
| mated by the governing body, and give
| notice that plat Of the same has been
| filed in the office OF the city clerk or sec
rotary, as the case may be, and that said
| appraisers will meet at place and time
| designated in the notice, and thence pro-
| coed to view the premises and appraise
| the damages for property to be taken, Or
which may be damaged by such improve
ment, and to assess benefits in the man.
ner hereinafter specified
Fourth-The secretary or city clerk
shall, after the first publication of such
notice, and at least six days Sundays eX-
cluded) prior to the meeting specified in
said notice, serve upon each person In
whose name each tract or parcel of land
depositing the same in the postofice of
said city, with postage prepaid, directed
to such person at his place Of residence,
If known to the secretary. or city clerk,
but If not known, then to his place Of
residence as given in the last published
city directory of said city, il his name APP
pears therein
After the first publication of such no
tice, and at least six days Sundays eX-
cluded) prior to the meeting specified in
said notice. a copy of the same shall
also be served upon the person in posses
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 specified,
Immediately after the first publication
thereof, to such persons as shall have APP
peared in said proceedings and requested
in writing that such notice be mailed to
them.
Fifth-At the time and place mentioned
in the notice, the said appraisers shall
meet and thence proceed to view the
premises, and may hear any evidence or
proof offered by the parties interested,
and may adjourn from time to time for
the purposes aforesaid. When their view
and hearing shall be concluded they shall
determine the amount of damages, If
any, suffered by each piece or parcel OF
land Of which that taken is part. They
shall also determine the amount Of bene-
fits, If any, to each piece or parcel of
land Of which that taken is part. II
the damages exceed the benefits to any
particular piece, the excess shall be
awarded as damages. If the benefits eX-
coed the damages to any particular piece,
the OlILerence snail De assessed as DSIl0-
fits, but the total assessment for benefits
shall not be greater than the aggregate
net award of damages; and In every case
the benefits assessed upon the several
parcels shall be in proportion to the &C
tual benefits received, and no assessment
upon any particular piece shall exceed
the amount of actual benefits after de-
Quoting the damages, if any.
SiXth-If there be any building stand
ing, in whole or in part, upon any parcel
of the land to be taken, the said apprals-
ers shall, in such case, determine the
amount of damages which should be paid
to the owner or owners thereof, in case
such building, or so much as may be
necessary, should be taken, and shall also
appraise and determine the amount OF
damages to be paid such owner or own
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 if the land
be subject to lease, mortgage or judg
ment, or if there be any estate less than
an estate in fee, the injury or damage
done to such person or interests respect
lively may be awarded to them separate
ly by the appraisers. Provided that
neither such award of the appraisers, nor
the confirmation thereof by the govern
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 file
with the secretary or city clerk, as the
case may be, a written report of their ac-
ton in the premises, embracing sched-
ule and appraisement of the damages
awarded and benefits assessed, with de-
scriptlons 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 fled the
secretary of the board or city clerk shall
give notice that such appraisement has
been returned, and that the same will be
considered by the governing body at
meeting thereof, to be named in the no
tice, which notice shall be published in
the official newspaper of said city, once
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, shall
on or before the time specified for said
meeting in such notice, notify the gov
erning body in writing Of his election to
remove such building, if he so elect The
governing body upon the day fixed for
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 appraisement and
assessment, giving due consideration to
any objections interposed by parties in
terested in the manner hereinafter speci-
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 appoint new ap-
praiserS, who shall proceed in like man
ner, as in case of the first appraiSement
and upon the coming in of their report
the governing body shall proceed in a
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
be paid, 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 and charge upon the 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
en- from the order confirming said ap-
praisement and assessment, as hereinaf-
ter provided, then the time Tor 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