New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-24

shall, upon the application of any person
interested, and upon such notice as the
! entitled to the award. and shall order the.
same paid accordingly. Any such deposit
shall have the same effect as the pay
Sec. 1e. In case any owner or owners
of buildings. as aforesaid, shall have
elected to remove his or their buildings,
he or they. shall remove them within
thirty days from the confirmation of said
i report, or within such further time as the
city council may allow for the purpose,
1 and shall be entitled to the payment of
the amount of damages awarded in such
case. in case of removal When such
/ person or persons shall not have elected
to remove such buildings. or shall have
/ neglected (after having elected) to re-
move the same within the time above
specified. such buildings, or SO much
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 dis
posed of as~the said city council shall
elect.
Sec. II. Any person whose property is
proposed to be taken or interfered with
or assessed under any provision Of this
act, or who claims to be damaged by the
Improvement. and who deems that there
IS any lrregularity in the proceedings of
said city council, or action of the APP
pralsers, by reason of which the award
OF the appraisers ought not to be con-
hrmed, or who is dissatisfied with the
amOunt OF damages awarded TO him for
the taking Of or interference with his
properly: or the assessment thereon, may
AT any time before the time specified for
the consideration of the award and as
sessment by the city council. file with
me city clerk in writing. his objections
10 such confirmation, setting forth there
IN specifically the particular irregularities
Gomplalned of, and the particular objeC-
ton to the award OF assessment and
containing a description of the properly
IN which he is interested. affected by such
proeeealngs and his interest therein, and
said city council shall confirm the award
or assessment, such persons so objecting
shall have the right to appeal from such
order of confirmation of the city council
to the district court of the county in
which said city is situate, within twenty
Gays after such order. Such appeal shall
appear upon the city clerk, which shall
SPECIFY SPECIFY the property of the appellant af-
and refe eS IS eu en- aWard or improvement,
SAD, thereupon said city clerk at the
expense Of the appellant shall make out
court COPY Of the record OF Of '4 ne Fi
proceedings and of the award of the APP
pIalsers as confirmed by the city council,
hrming the same, and Of the objections
nied by the appellant as aforesaid, and
ead me Eth notlce of appeal, all certified by
Ten Gays after the taking Of such appeal
put # more than one appeal be taken in
nee Same bRPoc fpd a it shall not be
subsequent to the first shall send up any
11 anfg put certified copy Of the appel
S pleading on any appeal, but the court
shall determine in the first instance
r E N,inl there was In the proceedings any
S sucn lrregulartty or omission of duty
pre5udicial to the appellant and specif1ed
: IN his written objection that as to him
e dne award or assessment of the apprais-
t | ers ought not to stand and whether said
/ | appraisers had Jurisdiction to take action
t in the premises
e Sec. 49, The case may be brought on
S Tor nearing on eight days notice, at any
: general or special term Of the court and
Y the Judgment of the court shall be to
f con or annul the proceedings. only SO
property OF the appellant proposed to be
$ sa aEihad or damaged or assessed. and de-
d case the amount of damages or benefits
e assessed is complained of by such appel-
e lant, the court shall. If the proceedings
v three d1snterested free holders, residents
II of said county, appraisers, to reappraise
t said damages, and reassess benefits as
t to such appeal shall be heard by said
court upon the appointments of such ap-
= pralsers and the court shall fix the time
d and place of meeting of such appraisers,
= they shall be sworn to the faithful dis
n charge Of their duties as such appraisers,
e and shall proceed to view the premises
! and to hear the parties interested with
j. their allegations and proofs purtenant to
It the question Of the amount of damages
v terial respects as are in this act provided
e for the government Of appraisers ap-
n pointed by said city council. They shall,
e after the hearing and view of the prem
= Uses. make a report to the said court of
:. their award Of damages and assessments
j. of benefits in respect to the property of
/, in five days of notice Of filing the
(, award file his written election to remove
y ton shall not affect his right to a re-
d view. The award shall be final unless set
e aside by the court. The motion to set
if aside shall be made within fifteen days.
# In case such report is set aside, the
court may, in its discretion, re-comnlit
|. the same to the same appraisers, or APP
d best; said court shall allow to said ap-
e praisers a reasonable compensation for
e their services and make k such awards of
d pensation of such appraisers, as it shall
y deem just in the premises, and enforce
d the same by execution In case the court
,e was frivolous or vexatious. it may ad-
e judge double costs against such appel
v preme court of the state from any final
l. decision of the district court in said pro-
Ie ceedings.
- Sec 19. In case of any appeal the time
q for making payment of awards shall be
? extended as to all tracts embraced in
n the proceeding to sixty days after final
If determination of all appeals.
t. Sec. 20. The notice prescribed in sec
n ton shall be, sufficient to charge all
ir persons whose rights OF interests may be
II affected by the diversion of such waters,
2 but whose lands are not otherwise taken,
= with notice Of the tendency of the pro-
l. ceeding, and all such persons may present
1t to the appraisers evidence of the dam
Ie ages which they will suffer, and the APP
v praisers shall determine and award such
n damages as they may find, particularly
is specifying in their award the location
n and the nature of such damages, and all
J. persons falling to present their claims for
e damages arising from the diversion OF
e waters, shall be concluded by the pro-
Il ceeding hereunder, whether any award
le of damages is made to them or not, and
st shall be barred from claiming damage
afterwards in any other form Of action
a or proceeding.
e. Sec. p. Upon the final determination
Il of all appeals in such proceeding, the
~ city clerk shall transmit to the auditor
n of the county or counties in which the
~ respective lands lie a copy by him duly
d certified Of the awards ana assessment
a.. At city council; and the clerk of the dis
~ trict court shall, in like manner, certify
~ the award and assessment as finally
IL made upon all appeals; and the county
" auditors shall include such assessments
N N of benefits against each tract of land as.
~ sessed, with and as q part of the taxes
:. I1non such respective tracts of land in