The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1916-10-06

determine and apprase the and any person
the value OF the real estate interest TAKEN damaged
injured destroyed for the Improvement and the damages
arising to them respectively from the condemnation thereof
which shall be awarded such and respec
lively damaged after making due allowance therefor
any peneh which such owners or persons respectively
derive from such improvement
And said awarded damages shall interest
at the rate OF SIX per cent from and after the
date OF the confirmation of therefor herein
after provided until paid
SECTION 1913. DAMAGES IN EXCESS OF BENEFITS
If the damages to be than the benefits
received IT the benefits be greater than the damages the
Council shall strike balance and the difference only shall
in any case be collected from them paid to them
ARE BUILDINGS ON THE LAND In case there are build
ngs or land proposed be taken in
such proceedings the award shall be for the damages
land and improvements separately.
Notice OF such award shall then be given by the Council
to the owner or if resident Of the County
left at his usual place of abode with person suit
able age and discretion then residing therein
II the person interested is not known, resident
the County days by one publication to all per
interested shall be given in the official paper the
City, which shall be sufficient notice to such owner.
Such owner interested may at any time within
ten days after such notice notify writing the Council of
his election to take such building improvement such
part thereof at it's appraised value and in the
amount of such appraisal shall be deducted by the Council
from the estimated damages for the building improve
ment and the shall have such reasonable the
removal of such building improvement after the conrma
ton of the assessment the Council may allow
Ii the person interested shall refuse take the
building or Improvement of such appraisal fail to give
notice OF his election aforesaid, within the time pre-
scrbed then deduction shall be made from the estimated
damages aforesaid and the Council may after the conrma
ton of the after money in the hands of
Treasurer ready be paid the for his
proceed to sell such building Improvement part there
Of for cash. giving ten days notice of sale by pubca
ton the official and such building improve
ment thereof to be removed The proceeds Of such
sale shall be paid into the city treasury the credit
fund chargeable with such'improvement
SECTION 100. JOINT OWNERS: LAND SUBJECT TO
LEASE If the lands and buildings belong different per-
the land subject to lease the damage done
such persons respectively may be awarded them by the
Council less the benefits resulting to them respectively
SECTION 1911 DAMAGES ETC, TO BE ASSESSED
UPON REAL ESTATE BENEFITED Having ascertaned
the damages and of such improvements aore
said the Council shall thereupon apporon and assess the
except such amount if any, has been appropriated
the Council payment OF same together with the of
the proceedings the real estate and property deems
benefited by such improvement in proportion such bene
fits if any be assessabe therefor, but in shall the
of such assessment exceed the actual benefit to the
SECTION 1872. ASSESSMENT ROLL The assessment
roll shall contain brief description Of each parcel
of property TAKEN injured assessed the and
Of the owner thereof far known to the Council if
unknown shall state and the of damages awarded
and benefits assessed against each parcel of property
The roll shall show both the total damages award
ed and the total benefits assessed if any If the whole
amount of such compensation and damages awarded, to-
geher with the of the proceedings shall the
actual benefit to the property subject to assessment the
Council shall state such assessment roll and shall spec
y the amount of such excess The Council shall also note
the roll the total included in the as
sessment to cover the expenses OF the proceedings
SECTION 1873: NOTICE OF COMPLETION OF AS
to be given ten days notice by publication in the
official paper of the City to the effect that such
has been completed and that time and place therein
specified it will hear objections thereto and that all such
objections must be filed in writing with the City Clerk at
least day prior to the time specified and that unless
sufficient is shown to the contrary the will be
confirmed Said notice shall contain copy of the assess
ment roll completed.
Provided that said Council may, in it's discretion allow
interested who has inadvertently omitted to file
objection aforesaid to do at the time fixed for the
hearing of said objection named in said notice
SECTION 1874. ADJOURNMENT OF PROCEEDINGS
Should quorum of the Council be present the time
and place appointed the proceedings be adjourned to
such other convenient time may be deemed expeden
SECTION 1885, NEW NOTICE MAY BE GIVEN. Moth
herein contained shall preclude the Council from causing
notice aforesaid to be given specifying time and
place at which it will hear objections said assessment
the previous notice shall be found imperfect for
other which shall be satisfactory the Council
for so doing.
| SECTION 1885, COUNCIL TO HAVE POWER TO AID
JOURN HEARING AND REVISE ASSESSMENT The
Council shall have to adjourn such hearing from time
time its discretion to revise and correct the said
ment and confirm and aside the and proceed
make assessment de
The when confirmed shall be corrected
form to such confirmation and shall be final and conclusive
upon all persons interested therein and appealing there
| from
| SECTION 1877. PROCEDURE AFTER CONFIRMATION
together with all adavts Of publication and service of
connected Herewith shall be entered into book kept
for that purpose by the Council
SECTION 1873. NOTICE OF FINAL CONFIRMATION
OF ASSESSMENTS. AS practicable after the
of damages and benefits has been finally confirmed
the Council shall notice by publication of such
final roll and the date Of filing thereof be
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