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

| snaI! De d1SlntereSted5 free-holderS ana
| qualified voters of the county, and none
/! of whom shall be residents of the town
| or ward or wards of the city in which
| the property SO designated is situated, to
/ view the premises and appraise the dam
| ages which may be occasioned by the
taking OF private property. or. otherwise in
| making such improvements and to assess
| special benefits resulting therefrom.
! Said appraisers shall be notified as soon
as practicable by the city clerk to attend
| at time fixed by him, for the purpose
! duties Whenever a vacancy may occur
among said appraisers by neglect or re-
tusal of any of them to act or other
! wise. such vacancy shall be filled by the
| city council
| Sec. 6. The appraisers shall be sworn
[ 10 d1scharge their duty as appraisers in
/ the matter with inpartiality and fidelity;
! and to make due return of their acts to
the city council
Sec fba I; The appraisers shall give notice
Official newspaper Of the city. once a
week for six consecutive weeks, which
last publication shall be at least ten days
| notice shall name the stream to be di-
verified, the point of diversion, the general
course of the new channel and the
| or MAINTAIN any lake, the location of
proposed bridges, culverts or tunnels, the
estimated cost of construction, and shall
| contain description of the lands desig-
! mated by the city council to be taken for
right Of way. and for f1owage purposes,
and give notice that a plan of the i'm
! provement has been filed in the Office of
| the city clerk, and that said appraisers
| Will meet at a place and time designated
IN the notice, and thence. proceed to view
| the premises and appraise the damages
Tor property to be taken, or which may
be damaged by the diversion of water or
otherWlse by such Improvement, and to
| assess benefits in the manner hereina fter
specified. If any portion of such stream
or Of the lands to be taken is outside of
the the county containing such. city, then
hke Tune IN some newspaper in such out
Sc, Sec. s; 4 copy of all subsequent no
are. required to be publshed shall be be
mailed by the city clerk immediately aft
er the first publication thereof to such
proceedings and requested in writing that
such notices be mailed to them
Sec: 9. Al the time and place men
toned IN the notice. the said appraisers
snail 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
| the purpose aforesaid. When their view
and hearing shall be concluded, they shall
determlne the amount. Of damages, if
seefed by by f Haeh Piece or
snall also determine the amount of spe-
clal benefits if any occurring by reason
o f eao OF nisea dTana
wherever situate and whether contiguous
to the Improvement or not. If the dam
ages exceed the benefits to any particular
piece, the excess shall be awarded as
damages. If the benefits exceed the dam
ages to any particular piece, the differ
encer shall be assessed as benefits, but the
total assessment for benefits shall no,
pc greater than the aggregate net award
OF damages added to the estimated cost
OF construction; and in every case the
snall. be In proportion to the actual bene.
hts received, and no assessment upon any
particular at11s1 piece shall exceed the amount
! the damages. if any.
Sec. TO- If there be any buildings
! standlng. in whole or in part, upon any
appraisers shall, in such case determin,
the amount of damages which should b,
paid to the owner or owners thereof, IL
case such, building. or so much as MAJ
De necessary, should be taken, and shall
also appraise and determine the amour
OF Of, damages aIs t. be paid. such owner o.
to remove such buildings.
Sec. II, If the land and buildings be
long TO dlherent persons or if the Liant
ment, or if there be any estate less thai
2 an estate in fee, the injury or damag
done to such person, or interests, re
spectively, may be awarded to them sep
5 arately by the appraisers. Provided, tina
= neither such award Of the appraisers
nor the confirmation thereof by the cit.
council, shall be deemed to require tn
| payment of such damages to the person
or persons named in such award in cas-
2 It shall transpire that such person or per
sons s are not entitled to receive, the same
Sec, II. The said appraisers having as
certalned and appraised the. damage
and assessed the benefits as aforesaid
shall make and file with the city clerk
written report of their action in tn
premises, embracing a schedule and ap
praisement of the damages awarded ant
DEMENT'S assessed, with descriptions Of tn
lands. and the names of the owners, i
| | known to them, and also a statement O
/ | the costs of the proceeding.
: Sec. Ii. Upon such report being filed
appraisement has been returned. AM
. that the same will be considered by tn
city council at a meeting thereof to b
} ! named in the notice, which notice shall
contain the schedule of damages AWARDED
, and benefits assessed, and shall be pub
hshed in the official newspaper Of sal,
2 weeks, and the last publication shall b
: at least ten days before such meeting
2 Any person interested in any building
standing in whole, or in part upon an!
, land required to be taken by such i'm
l provement, shall on or before the tim
: specifled for said meeting in such no
tlce, notify the city council in writin;
if he SO elect. The city council, upol
! the day fixed for the consideration o
l such report or at any subsequent meet
5 ing. to which the same may stand owe
! or be referred, shall have power in thei
discretion. to confirm, revise or annu
| e,
| due consideration to any objections inter
posed by parties interested in the man
ner hereinafter specified, provided tina
r said city council shall not have tn
; power to reduce the amount of an
= award, nor increase any assessment Il
/ case the appraisement and assessment i
e annulled the city council may thereupo
appoint new appraisers, who shall pro
v ceed in like manner as in case of tn
e first appraisement and upon the comm
: in of their report, the city council shat
t proceed in a like manner and with tn
e same powers as in the case of the frs
S appralsement.
: Sec IA. If not annulled or set aside
Y such award shall be final, and shall b
: a charge upon the city, for the paymen
o of which the credit Of the city shall b
pledged. Such assessments shall be an
y remain a lien and charge upon the re
+ spective lands until paid. The awar
Y shall be paid to the persons entitle
: thereto, or shall be deposited and Sc
t apart in the. treasury of the city for tn
+ | use of the persons entitled thereto, with
f in six months after the continuation of tn
y appraisements and award But in case an
r appeal or appeals shall be taken fror
Y the order confirming said appraisemen
y and assessment as hereinafter provided
Il then the time for payment of sal
e awards shall be extended until and in
5, Guiding sixty days after the final deter
e mination of all appeals taken in the Pre-
e ceedings, and in case of any change i
h the. awards or assessment upon appea