The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1905-04-29

nance determine and declare, as nearly
as may be, the cost of such improve
ments, exclusive Of damages to property,
shall be disinterested free-holders and
! qualified voters of the county, and none
or ward or wards of the city in which
the property SO designated is situated, to
view the premises and appraise the dam
taking of private property or otherwise in
making such improvement, and to assess
special benefits resulting therefrom:
Said appraisers shall be notified as soon \
at time fixed by him, for the purpose
Of qualifying and entering upon their
duties. Whenever a vacancy may occur
fusal of any of them to act or other
wise. such. vacancy shall be filled by the
Sec. 6. The appraisers shall be sworn
to discharge their duty as appraisers in
the matter with impartiality and fidelity;
Sec; I. The appraisers shall give notice
Of their meeting by publication in the
Official newspaper of the city. once
last publication shall be at least ten days
before the, day of such meeting, which
notice shall name the stream to be di-
cere the tn point P6n of the
height to which it is proposed to raise
or maintain any lake, the location of
proposed BRIDGES culverts or tunnels, the
contain description Of the lands desig
mated by the city council to be taken for
right of way and for f1owage purposes,
prove1nent has been filed in the office of
the. city clerk, and that said appraisers
will meet at a place and time designated
the premises and appraise the damages
for property to be taken. or which may
be damaged by the diversion of water or
otherwise by such Improvement, and to
assess benefits in the manner hereinafter
specified. If any portion of such stream
or of the lands to be taken is outside of
the county containing such city, then
the notice shall also be- published for a
like time in some newspaper in such out
side county.
e sss rsanE tS t of M wh
are :, required to be published, shall be
er the first thereof TO- such
proceedings and requested in writing that
such notices be mailed to them.
Sec: 9. A, the. time, and place men
shall meet and thence proceed to view
the premises. and shall hear any evidence
or proof offered by the parties interested
and may adjourn from time to- time for
and hearing shall be concluded they shall
determine the amount of damages, if
any, suffered by each piece or parcel of
shall also determine the amount of spe-
of diversion Of water, drainage, or
wherever situate and whether contiguous
to the Improvement or not If the dam
ages exceed the benefits to any particular
RaeG the 6e sha be aWa ard
ages to any particular piece, the differ
ence shall be assessed as benefits, but the
total assessment for benefits shall not
be greater than the aggregate net award
of damages added to the estimated cost
Of constructions; and in every case the
benefits assessed upon the several parcels
fits received, and no assessment upon any
particular piece shall exceed the amount
of actual special benefits after deducting
the damages. If any.
standing, in whole or in part, upon any
parcel of the land to be taken, the said
appraisers shall, in such case, determine
paid to the owner or owners hers thereof ea'f in
case such building or so much as may
be- necessary should be taken and shall
of damages to be paid such owner or
owners in-ease he, Or they, shall elect
to- remove such buildings.
Sec. IL. If the land and buildings be-
long to different persons or If the land
be subject to lease, mortgage or judg
done to such person. or interests, re-
spectively, may be awarded to them sep
arately by the appraisers. Provided. that
neither such award of the appraisers,
council, shall be deemed to require the
payment of such damages to the person
or persons named in such award. in case
sons are not entitled to receive the same.
Sec. ~. The said appraisers having as
certained and appraised the damages
a written report of their action in the
premises. embracing a schedule and ap-
praisement of the damages awarded and
lands. and the names of the owners, if
known to them, and also a statement Of
the costs of the proceeding.
Sec. IL. Upon such report being filed,
the city clerk shall give notice that such
appraisement has been returned. and
that the same will be considered by the
named in the, notice, which notice shall
contain the schedule of damages awarded
and benefits assessed, and shall be pub
lished in the official newspaper of said
weeks, and the last publication shall be
at least ten days before such meeting.
land required to be taken by such i'm
provement, shall! on or before the time
specified tor said LIN meeting in such
of his election to remove such building,
If he SO elect. The. city council. upon
the day fixed for the consideration of
such report, or at any subsequent meet
ing to which the same may stand over
or be referred, shall have power in their
discretion to confirm, revise or annul
due consideration to any objections inter-
posed by parties interested in the man
ner hereinafter specified, provided that
said city council shall not have the
power to reduce the amount of any
award nor increase any assessment. In
case the appraisement and assessment is
appoint new appraisers, who shall pro-
coed in like manner as in case of the
first appraisement and upon the coming
In of their report ' the city council 1 shall
same powers as in the case Of the first
appraisement
Sec. Il: If not annulled or set aside,
a charge upon the city, for the payment
of which the credit Of the city shall be
pledged. Such assessments shall be and
remain a lien and charge upon the re-
Rs be pd to until The pa parzons entied
thereto, or shall be deposited and set
apart In the treasury Of the city for the
in six months after the confirmation of the
appraisements and award. But in case any
appeal or appeals shall be taken from
and assessment as hereinafter provided.
then the time for payment of said
awards shall be extended until and in
Guiding sixty days after the final deter
mination of all appeals taken in the pro-
ceedings, and in case of any change in
the awards or assessment upon appeal,
the city council may, by resolution duly
adopted, at any time within sixty days
after the determination of all appeals, set
aside the entire proceeding. Any awards
so set aside shall not be paid, and the
proceedings as to the tracts for which
the awards are so set aside shall be
deemed abandoned Any awards not so