The Denison review. [volume] (Denison, Iowa) 1867-current, 1915-05-05

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ner original notices are repaired TO be
served, shall be deemed personal ... 1serv-
tion service
/ Sec. 5. Service shall be deemed COM
| psete on the date whom personal service
ID made, or on the date of the last pub
|glication. as the case may be; All objec-
EtiOHG to said change and all claims for
damages BY re2son thereof, must be filed
on or before the expirationrof ten days
from the data. of completed service or
the same win be waived; Different
jections and claims for damages Of diff
ferent owners At the time and place
fixed for such hearing as to any owner,
the board shall meet and proceed to a
damages of any such owner Of whom it
! has acquired Jurisdiction by proper
service 81, notice or. II there be such
owners over whom Jurisdiction has not
such hearii1g until such date (of which
all parties must take notice., when
Jurisdiction will be complete as to all
owners. At such final hearing. the board
the objscfie1s or any Of them be sus.
tnined,i the proceeding to effect the
change shall be dismissed. II the OBJ,
iections be oyerruled. the board shall
damages.to be awarded to each claimant
|. who has filed such claim. II the amount
Of damages SO awarded are, in the opin-
Ion of the board, excessive, the proceed
|inEs shall be dismissed. II such dam
ages, in the opinion OF the board. be not
excessive, the board may, by proper or
der, establish such proposed change in
the road or stream. as the case may be,
and pay such DAMAGES as N case 81
Provided. however, that II by the change
OF amy road herein contemplated, any
part Of the highway abandoned reverts
to the owner Of the, land condemned. then
Of the relocation. of such highway, shall
he entitled TO such damages for the
locating of such new highway which
exceeds the damages sustained by reas-
on of tho old highway. taking into con-
the value Of the premises im-
nediately before and after such old
road is abandoned and the new road
established. The board shall order the
auditor to issue warrants in favor OF
each claimant for the amount of dam
ages awarded. and in such case shall
have the right to enter upon such right
of way and improve the same. The
out OF the county road or bridge fund
or out of both OF said funds Claimants
for damages may appeal to the district
court from tbs award OF damages. In the
from tho establishment OF highways
generally. The acceptance At any time
of the amount awarded shall constitute
a waiver of the right to appeal. IL.
taken and iinnrovedl prior 10 the de.
Termination OF the amount Of damages
on appeal. the board may, on the ap-
peal being determined. dismiss the pro-
ceeding to effect the change, IL, in the
|opinion OF the board, the damages hn-
ally awarded are excessive The maxi
ing Of a change in stream shall he
done by the board of supervisors and
paid for out OF either the county read
or bridge fund or ont of both OF said
funds. When the change of a road is
made upon or for the benefit OF the
township road system, the Improvement
shall he made as now provided for the
doing Of road work upon the township
Sec 4. No such change shall be
established through any orchard or or
rainental grounds contiguous to any
dwelling house or SO as. to cause the re-
moval of buildings, without the consent
OF the owner nor through any burying
ground
Sec 8. Should delay occur in the ac-
QUESTION OF such right of way. such de-
with the improvement OF any
part of the highway not affected by the
proRosed change.
Sex. g. Tie notice herein provided
for shall be in substantially the follow
[a'TaS Whom 1T May Concern:
'.rhe ENGINEER appointed by the board
OF supervisors of ............. county
q make survey and report d, the road
describe the same In a general way)
,has made report! and has recommended
that the following change be made In
said road: There clearly describe the
proposed change. and the location and
the course thereof and give the names
of the owners OF the land through and
nbutting upon which the proposed
change will extend.) And the said board
|0g supervisors propose to establish said
Fchange as' above described. and all OBJ
jections to said change and all claims
for damages by reason OF said change
must be fled in the Office Of the county
auditor before the expiration OF ten
the same will be waived. You viii take
further notice that said board will. on
the dny OF. -. >, 19.7....
at. ....,f or as soon thereafter as
possible. proceed to determine all OBJ
jectiOns to said change and all damages
caused thereby and will. in case such
objections are Qverruled and the dam
ages awarded lie not excessive, cstab-
lish said change.
County AUDITOR
Sec. z. Ehe foregoing provision with
reference to changes In the highway
shall not lie construed as compelling the
board to abandon any part OF highway
|already established. but IL II be pro-
posed TO abandon any part Of = highway
|alrendy established, notice shall he
served as herein provided. upon the said
record owners ms aforesaid through
which or ahutting, upon which said high
ways SO proposed to be abandoned. ex-
tends.
Ser, s. That section one thousand
five hundred atwcnty-seven-a 05s7-al
Supplement to tho Code. 1919. is hereby
repealed. i
Sec O. This act being deemed of Inn
mediate Importance. shall take effect
and be in force from ami after it's pub
LEGATION In the Des Moires News. and
tho Denison Review. newspapers pab-
llshed In the state OF Iowa.
Approved April II. A. - 1915.
wnAr rae x,nMwveenn