The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1915-02-05


Council.
Chapter XIV.
Eminent Domain Local Improvements. Assessments
Part
Section l34. The City of Ely, is hereby empowered to
take acquire by proceedings condemnation any prop
coporeal inCorporea wheresoever situated which
be needed by said City for any public purpose
Necessity for the Taking Be Declared by Resolution
Section lbs. The necessity for the taking OF any prop
erty sr be determined by resolution OF Council which
resolution shall general describe the property need
ed and order it's condemnation.
May Acquire Property Devoted to Public Use
Section 1856 The fact that the property needed by the
City has been acquired by the under eminent domain
is already devoted public will prevent
acquisition by the City.
May Acquire Under This Charter.
Section lT The City may acquire any property by pur
chase gift devise otherwise upon the condition in this
chapter contained.
May Levy Assessments on Property Benefited
Section 1885 The City is hereby authorized and en-
powered. except as hereinafter specified levy
upon any property benefited by improvements the
amount OF such bene without regard to cash valuation
May Order Payment for Part All improvements.
Section l59 The Council may by majority vote OF
all Its members order that the and expenses OF all
any part of Improvement provided Tor in this chapter
shall be paid out of the appropriate fund OF the City without
assessment on the property benefited
Part II.
Procedure Where There May Be Assessment for
Benefits
Council by Resolution Declare Improvement Neces
Section $40 When the Council shall by resolution de-
clare that for public Improvement necessary take
damage nure destroy private property property
devoted to public shall determine by resolution
general way the nature and extent OF the proposed I'M
provemeut
Procedure When Improvement Is Determined Upon
Section AL The Council shall thereupon notify the City
Engineer of such determinations and thcreupon shall be
the duty of the Engineer make and present the Coun
c plat and survey OF such proposed improvement show
the nature and extent OF the and the prop
necessary to be taken damaged injured destroyed
benefited thereby together with the name OF the owners
bN
last the Office of the Auditor of County
said lands are situated at the date of said resolution
OF the Council together with such other
be proper to explain such survey and the and
of such proposed Improvement
Such plat and survey shall show approximately the
amount OF land belonging each which
fitted taken damaged injured destroyed and the Council
may cause such plat survey to be modified amended
changed
Adoption of Survey of Proposed Improvement.
Section 42 When such plat and survey shall Finally de-
scribe the proposed the satisfaction of the
Council it shall by resolution adopt the same and order the
making of the improvement The Council shall then give
fifteen days by one publication in the official paper
of the City of the time and place when will to make
award of the damages and of benefits
may be- In which notice it shall describe the land
property to be condemned by general descriptions, and
shall specify what such assessment, if any, be for,
and IN general way what property will be assessed
therefor 1T shall copy of such notice be served
the in which is served in civil
action district upon all parties interested in the
land to be condemned benefited appears by last
assessment list IN the office of the Auditor of the County
which the property is located who be found that
County and also upon all occupying said lands
any part thereof and it shall mail copy of such to all
nonredents OF the said County appearing be
said lands addressed the last known postoce address
OF such nonresdents and such address unknown
Council such notice shall be addressed such person
Ely Minnesota. Proof of the service and mailing OF such
notice shall be made by affidavit of the person serving
mailing the same and how each notice mailed was adj
dressed and such affidavit shall be filed preserved in
the office OF the City Clerk.
All Persons Interested May Be Present.
Section i43 All parties interested any property SO to
be condemned any real be assessed for such
be and hear and adduce evidence
shall the City Attorney before said Council said
ing.
How Appraised
Section Ia. The Council in making such assessment
shall determine and appraise the owners the
value of the real estate taken damaged injured or de-
stroyed for the improvement and the damages arising
them respectively from the condemnation thereof which
shall be awarded to such respectively damages
making due allowance herefrom for any benefit which
such may respectively derive from such improve
ment.
And said sum so awarded damages shall bear inter-
the of six per per from after
the the confirmation of therefor as here
matter provided until paid.
Assessment to Show Amount Be Paid
Section AS If the damages any person be greater
than the benefits received the benefits be greater than
the damages the Council shall strike balance and carry
the difference forward to another column that the
show what amount is to be paid received by
such respectively and the differences only shall in
any case be collected from them paid to them.