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

xii 4A10S oS>~A ~AAASio S~AA r."
ers by neglect or refusal, of any OF them
to act or otherwise, such vacancy shall
be filled by the governing body.
~Second-The appraisers shall be sworn
to discharge their duty as appraisers IN
the matter with impartiality and fidelity;
and to make due return OF their acts to
the governing body.
by publication In the official newspaper
OF the city, once a week for two consecu7
tive weeks, which last publication shal II
be- at least ten days before the day or
such meeting, which notice shall contain
a general description of the lands deslg-
mated by the governing body, and give
notice that a plat of the same has eeen
filed in the office of the city clerk or sec,
rotary, as the case may be, and that sa1d
appraisers will meet at a place ana unle
designated In the notice, and thence pioo
coed to view the premises, and appralse
the damages for property to be taken, or
which may be damaged by such improve
ment, and to assess benefits In the MALL
ner hereinafter specified.
shall, after the first publication of such
notice. and at least six days GSundays ex-
cluded) prior to the meeting spec.lleu III
whose name each tract or parcel OF anu
is then assessed, a copy Of SAID nodice ny
depositing the same in the postotnce 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 Ill lA1S 1doI
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-
said notice, a copy Of the same SNAIL
also be served upon the person in posses,
sion of each Of said tracts or parcels OF
land, or some parts IS t IN REQ same II en ma Sanar
as provided for the service OF summons
in a civil action in the district court. A
copy of all subsequent notices relatlng 70
said proceedings which are REQUIRED to be
published, shall be mailed by said clerk or
secretary In the ann above specified,
Immediately after the = first publication
thereof. to such persons as snail nave ap--
peared in said proceedings and requested
in writing that such notice be mailed 10
them. =,
Fifth-At the time and place mentioned
III the notice, the said appraisers shall
meet and thence proceed to view the
premises, and nay hear any evidence or
proof offered by the parties interested,
and may adjourn from time to time lor
and hearing shall be concluded they sha!1
determine the amount of damages, II
any, suffered by each piece or parcel OF
land Of which that taken is a part; IheS
shall also determine the amount OF oene-
fits, If any, to each piece or parcel OF
land Of which that taken is a part. II
the damages a,e exeeed IT. the ep peneR's SHAH TO a1 by
awarded as damages. If the benents eN-
coed the damages to any particular piece,
the difference shall be assessed as oene-
| 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 tne az
tual benefits received. and no assessmenl
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,
;rcr IN uyhO1a Or in part. upon any parcel
Of the land to be taken, the SAID appra1s-
ers shall, In such case, determine the
amount Of damages which should pc palo
! to the owner or owners thereon, IN case
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.
Seyenth-If the land and buildings be-
long to different persons, or II the ana
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 separat e+
| 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.
E~ighth-The said appraisers having as
| certained and appraised the damages and
benefits as aforesaid, shall make file
with the secretary or city clerk, as the
f ease N may ~ DE- nr q MFassea em nfR9ad ~ a a's scned-
ule and appra1sement Of the damages
awarded and benefits assessed, with de-
scriptions Of the lands. and the names, OF
the owners, if known to them, and also
q statement OF the costs of the proceed
Ing.
Ninth-Upon such report being. filed, the
secretary Of the board or city clerk SHAH
been returned, and that the same will be
considered by the governing body at a
meeting thereof, to be named in the no
ttce, which notice shall be published in
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
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
the consideration of such report, or at
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
oily OOyCSS40AAo AAAIC4 ~ ~ PNASANS -
| terested in the manner hereinafter specl-
fed, provided that said governing body
shall not have the power to reduce the
! assessment. In case the appraisement
and assessment 1s 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
case any owner or owners shall elect to
remove any building or buildings, ana
thereby reduce the amount Of damages to
be paid, the amount of reduction SHAH be
deducted from the benefits assessed to
each parcel proportionately before con-
frmation thereon.
Tenth-If not annulled o. set aside,
such awards shall be final. and shall be
! Of which the credit of the city shall be
pledged. Such assessments shall be and
remain a lien and charge upon the re-
speGtiI We lands nd;d until IN tnp PAID aerso nae e aWaTa5
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 shall be 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 0e
paid, and the proceedings as to the
tracts for which the awards are so set
aside shall be deemed abandoned. Any
a MO r1s 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 tate
of six per centum per annum from the