New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-24
in all matters and perform all duties re-
CURED to be performed by said commits


CURED to be performed by said commits
sion.
Sec. 2. 1t shall be the duty of said COM
mission as soon as practicable after the
passage and approval of this act to as
certain the number of acres of low wet
lands belonging to the state that It is
fit for agricultural purposes, and where
the same is located, and what bitches
and drains it shall be necessary to con-
struct to drain the said land. and they
shall cause to be constructed as many
bitches of the size and capacity as they
find necessary to effectually drain said
lands SO that they will be in fit condi-
ton for farming. They are hereby
authorized to repair, extend, deepen or
alter any ditch heretofore or hereafter
constructed by the state or by its direc-
drain the lands, originally intended to be
drained by such ditch; and they are
further authorized to determine when
where and in what manner the work
that the said commission shall first con-
struct the main bitches or drains they
ma most necessary leaving those s where
ing for subsequent construction, and if
the moneys available are not sufficient to
construct all the bitches or drains said
ed to effectually drain the said state
lands, they shall construct as many as
the money they have at their disposal will
allow. In the execution of the provisions
Of this act the said commissioners shall
have full power to appoint and employ
as many agents and servants as they
find necessary and proper to comply with
the provisions hereof.
Sec. 3. In performing the duties herein
imposed upon them the commission here
by created shall have the right to take
and appropriate all necessary land of
any person or persons, firms or corpora
tons, for the right of way for said
that it is found necessary to SO take or
appropriate and the said commissioners
are not able to agree on the price to be
for the right Of way for the said bitches
or the damage that will be sustained by
reason of the construction, OF said ditch,
or when the owner is unknown the said
commission shall file a petition in the
district court Of the county wherein the
land desired Is situated, describing the
land they deem necessary to take for the
the owner Of the land, If known, to said
commissioners, and if not known, said Pc
titi9n shall SO state Upon the fling Of
dsnte as 1 persons sn co op s
whose duty it shall be to assess the valu-
alton of the land SO to be taken, and
same taking into consideration however.
any benefits to the adjoining land Of said
owner by reason Of the construction of
said bitches or drains.
The commissioners before entering upon
the duties of their office shall severally
take and subscribe an oath to the effect
that they will faithfully perform their
duties as such commissioners without
Partially, and to the best of their knowl-
edge and ability, which oath shall be
filed in the office (of the clerD of the dis
trict court of the county in which the
proceedings are pending.
The commissioners shall fix time and
place for hearing all parties interested in
said land, and give ten go days no no
dent Of this state. by serving a. notice
in writing on him personally, and If he
is not a resident of the state, by one
publication, of said notice in a newspaper
printed and published in the county where
the land to be taken is situate: The said
notice shall state that the drainage COM
take certain lands describing them. for
the purpose Of the construction of a ditch
or drain, describing the location of such
a fes subscribing 6ha such that no es have
been appointed commissioners by
the district court to ascertain
land described in such notice, the, name
Of the owners, If known, and if unknown
such fact shall be stated, the time and
place fixed by the commissioners for the
hearing Of the owners as to the value Of
the land taken and damages sustained by
| reason Of such taking. At the time and
place fixed in said notice the commission
ers shall hear any evidence offered by
| the owners Of said land taken and dam
ages sustained, and after hearing the evil
| dence and personal inspection of the
premises the said commissioners shall
assess and determine the value of the
land taken and the damages sustained by
reason OF such taking, stating the value
of each parcel Of land and damage SuS-
tanned to each piece or parcel of land
separately, and file the same in the office
of the clerk OF the district court, and I'M
PROVIDED, tie finding : Of said commissi L,
ers shall be conclusive as to the amount
of damages sustained and value of the
property taken,: and the drainage COM
mission hereby appointed shall pay the
same to the owner Of said land unless
there appears Of record q judgment, mort
gage or other lien against the land so
taken, in which case the drainage COM
mission shall pay the amount so found in,
to court to be paid to the parties that
the court finds entitled thereto: That
W. Ten 40 Gays aI1eI the ming
the clerk, either the owner or any party
interested in the land taken, or drain
eoaFs appe to
are pending from the award Of said COM
misstoners If the owners or other par
ties interested In the land taken appeals,
he or they shall serve a notice in writ
ing on the attorney general stating that
he appeals from the award of the COM
missioners filed in the Office of the clerk
of the district court, stating the county
in which said award is filed and the date
Of fling and the title of the proceedings
in which the award was made. If the
drainage commission desires to appeal,
they shall cause a similar notice to be
served on the owner of the land Or his
attorney, if one appeared for him before
said commissioners. Upon the perfecting
Of such appeal. there shall be action
pending, in the district court to deter
mine the value of the land taken and the
amount of damages sustained by the
taking of the same, and shall be tried in
said court In the same manner and be
governed by the same rules as civil ac-
tons, and either party may appeal to
the supreme court in the manner pro-
vided for appeals in civil actions.
Sec. 4. The proceeding provided in Sec
ton three CD shall not delay the con-
struction Of the contemplated ditch or
proceed to take possession of the land
they deem necessary, and commence and
prosecute the work required from and
after the date of the fling the petition in
the district court.
Sec. 5. 1t shall be the duty of the
board of county commissioners Of every
county In which bitches may be con-
structed pursuant to this act to preserve
such bitches or drains from growth Of
weeds or accumulation of debris; any
expense thereof shall be paid out of the
general county fund.
Sec. 6. This act shall take effect and
be in force from and after its passage.
Approved April 5, 1905.
CHAPTER 1O7-s. f. NO. 27e
AN ACT to 1egaliZe the action of any