The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1913-05-02


S2So: OO conditioned for the faithful discharge
| q his duties and toFreturn to the Town all
mo MS custody. The Town. Overseer an6
ms ms assistants if any. Shall hold office at inc
such road soverseer shall have no jurisdiction
over county roads in any county which nc:--5
mas Or hereafter may zhave population or
asbltants or over, and a County superintend-
tn, OF haishways or other officer to superln-
roads within it's confines. = T.SS7.s q
Sec. 43. PETITION FOR ESTABLISH
MENT, ALTERATIoN OR VAcATioN.-sAny
Road or establish new road in its town
upon petition of not less than eight voters
OF the town. who own real estate or occupy
real estate under the homestead or preeemp-
, non laws or under contract with the state.
he 5hTee miles Of the road to
however that in any town not having eight
~ voters, who own real estate or occupy
ton laws or under contract with the state.
within three 49, miles Of any proposed road.
", vae .n town road, or establish a new road
IN the town upon a petition signed by less
number OF voters, Of such town. who own
real estate or occupy real estate under the
homestead or presumption laws under
tract with the state in such town. Such
peaa md shall ALL contain description Of the
of 9th, the owners Of the land. If known: over
beginning, general course and termination
See Sec; "A. NOTICE OF HEARING ON Pc
T1rIoN;-The petition shall be filed with the
to the Town Board. said Board, within
thirty days thereafter shall make order
proposed to be established, altered or va
Gated. and the several tracts Of land through
which it passes and fixing time aud place
when and where 1t will meet and act upon
SAID petition The petitioners shall cause
personal service of such order to be made
days before such meeting. and also cause ten
days posted notice thereof to be given.
,,, sec A. HEARING AND DErERMINA-
Board shall meet. and on proof, by affidavit.
OF the giving OF such notice. it shall examine
one ali psss aHa
petition: II it be refused, the fact shall be
noted on the back thereof.
Sec. &C. SURVEY AND oRDER.--n the
petition be granted, the board. If it deem it
necessary n.9 shall cause survey to be made
! a section line. or some subdivisional line of a
section. the surveyor shall note the distance
to the point on any course at which such
| course will intersect a section line, and the
| distance Of such point of intersection from
the most section quarter s section
| ment servey; and the notes Of such tntersec-
tions, and a description Of the road SO estab-
porated in an order to be signed by the
! Sec A. DAMAGES AND BESEF1Ts-The
damages sustained by reason Of establishing,
altering yacating any road may be as
certained by the agreement Of the owners
ment is made, or the owners release. in
writing, all claims to damages. the same
shall be assessed and awarded before such
agreement and release shall be filed with
the Town Clerk, and shall be final to the
assess the damages of each claimant with
/ whom 1t cannot agree, or who is unknown.
specifying the amount awarded to each and
briefly describing each parcel Of land; In
| ascertaining the damages which will DO
sustained by any owner the Town Board
shall determine the money value of the bene-
fits which the establishment, alteration or
Il vacation. as the may be, will confer,
and deduct the benefits. if any, from the
damages, If any. and award the difference.
if any. damages.
Sec. 49, AWARD-FILING PAPERS-With-
in five days after the date. Of the order
Board shall make it's award of damages, and
file such order and award. together with all
petitions, aftidavits and ORDERS relating there
to, with the town clerk; but said clerk shall
not record such final order within the period
Of thirty days, nor in case of an appeal.
until final decision is had thereon, and not
then unless such order Is confirmed In case
said board does not file such order within
: jected the application After the order Is
l confirmed, the same and the award shall be
by said town clerk recorded and sent to the
, the same. He shall give his receipt therefor
to the clerk, who shall file the and
make an entry thereof in the record relating
- Sec ec' a. ORDER OR COPY AS EvI-
IDENCE-The order establishing altering or
vacating any road, certified copy OF the
, record thereof, shall be received in all courts
as competent evidence of the facts therein
of the regularity Of the proceedings prior to
the making thereof, except upon the hearing
of an appeal.
u Sec. 50. DETERMINATION FINAL FOR
determine
refusing to establish. alter vacate any road
shall be final unless appealed from ma Tor 1 enc
such road shall be again acted upon within
ton granting a petition is appealed from and
reversed. it shall not within one year from
sed ha''nE Pc 1ae OF Town
Board establishing. altering, vacating or re.
appealed from by the persons and in the
manner and with the effect hereinafter pro-
vided.
Sec S. ROADS ON TOWN LINE
Whenever any Town Board receives pc
ing a Town Road. praying for the location.
alteration vacation Of a road on the iine
that and an 3n nn Board Of such
adjoining town, and the Town Board of each
of said towns. majority of each acting
together as one board, shall determine said
petition petition. They shall be governed, to no
tee. survey, hearing, award Of damages. filing
and recording PapeF bs a dea d by the resua
tions In this act provided for the government
town boards in establishing a tha nroeeeG Or
Lings shall be filed in tn. Town Clerks Of
! flee in each town.
| Before making order establishing ROAD
under the provisions Of this Section, the two
town boards shall divide the length OF the
road into two peIs dr hiGn paris paris
be so made as to divide as nearly equal
structing and maintaining the entire road to
be established, and assigning to each Of said
! parts one-half Of such cost and expense.
the Town Boards shall 1nereupon by agree
ment determine which OF such parts shaH
! thereafter be opened. constructed ana man.
tained by each. If the Town Boards cannot
So agree the matter shall be determined by
| It shall be the duty of the Town Eoards
out of q road under the provisions OF this
section. to proceed forwth. to open and con-
struct it's share Of such road and thereafter
h"s see ."' 50. BETWEEN TOWN AND CITY.
ETc-Whenever such petition is presented
to the council Of a city or village. and the
ton, alteration or vacation of a road on
the line between such town and the city or
Of each, acting together one board. shall
determine said petition in the same manner
in all respects as provided in the preceding
section and the provision. Of the preceding
o' Sec: OF 81. '' SECTION LINE RoADs-Jn
in Which no public roads have been establish
ed. the section lines shall be considered public
roads. to be opened to the width of two rods
order Of the County Town Board, as the
case may be. without any survey being had.
unless it be necessary on account of , xaria-