The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1916-10-20

for such may be at the hear
ing and submit evidence as may the city.
SECTION 127. DAMAGES. HOW AWARDED. IN
TEREST. The Council in making such assessment, shall
determine and apprase to the any inter-
ested 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 to such and persons
lively damaged after making due allowance therefor
any benefit which such respectively
derive from such improvement.
And said awarded damages shall bear interest
at the rate of per cent per from and after the
date OF the confirmation OF assessment therefor herein
after provided until paid.
If the damages to be greater than the benefits
received if the benefits be greater than damages the
Council shall strike balance and the difference only shall
in any case be collected from them or paid to them.
SECTION 1922 APPRAISEMENT WHERE THERE
ARE BUILDINGS ON THE LAND In case there are build
gs improvements upon any proposed to be taken
such proceedings the shall be for the to the
land and improvements separately.
Notice of such award shall then be given by the Council
to the person interested if resident County,
left at his usual place of abode with person
able age and discretion then residing therein.
If the person interested is not known nonresident
Of the County, ten days notice by publication to all per-
interested shall be given in the official paper of the
City, which shall be sufficient notice to such owner.
Such owner person interested may any time within
ten days after such notice notify in writing the Council of
his election take such building Improvement or such
part thereof it's appraised value and in such case the
Of such appraisal shall be deducted by the Council
from the estimated damages for the building improve
men and the shall have such reasonable time for the
ton OF the assessment as the Council may allow.
If the person interested shall refuse take
building 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 assessment and after the money in the hands Of
Treasurer ready be paid the for his damages
proceed sell such building Improvement or part there
for cash. giving days notice of sale by one pubica
ton In the official paper and such building improve
men part thereof to be removed The of such
sale shall be paid into the city treasury the credit of the
,,,I olo b1o
SECTION 100. JOINT OWNERS: LAND SUBJECT TO
LEASE Ii the lands and buildings belong to different per-
sons the land is subject lease the damage done
such persons respectively may be awarded to them by the
Council less the benefits resulting to them, respectively
from the Improvement
SECTION 131. DAMAGES, ETC. TO BE ASSESSED
UPON REAL ESTATE BENEFITED. Having ascertained
the damages and of such afore
sad the Council shall thereupon apportion and the
same except such amount has been appropriated
by the Council payment of same together with the of
the proceedings upon the real estate and property deems
benefited by such Improvement in proportion to such bene
fits if any be assessabe therefor but in shall
of such assessment exceed the actual benefit to the
lot or parcel so assessed.
roll shall contain brief description Of each tract parcel
of property TAKEN injured assessed the and
of the thereof far known Council or
unknown shall state and the of damages awarded
and benefits any, 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-
gether with the cost of the proceedings shall exceed the
Council shall state such roll and shall spec
y the amount of such The Council shall also
the assessment roll the total amount included in the
sessment to the expenses of the proceedings.
SECTION 1873. NOTICE OF COMPLETION OF AS
SESSMENT ROLL. When completed, the Council shall
be given days notice by publication 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 a copy of the
ment roll completed.
Provided that said Council may it's discretion allow
interested who has inadvertently omitted file
his 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 not be present at the time
and place appointed the proceedings may be adjourned
such other convenient time be deemed expedent
SECTION 1876. NEW NOTICE MAY BE GIVEN Moth
ing herein contained shall preclude the Council from causing
place which 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 ADJ
JOURN HEARING AND REVISE ASSESSMENT. The
Council shall have power adjourn such hearing from time
me its discretion to and correct the said
men and to confirm and set aside the and
make assessment de novO.
The assessment when confirmed shall be corrected to
form to such confirmation and shall be final and conclusive
upon all persons interested therein and appealing there
from.
SECTION 1877. PROCEDURE AFTER CONFIRMATION
OF ASSESSMENT. When said assessment is confirmed it,
together with all adav of publication and service of
tice connected Herewith shall be entered into book kept
for that purpose by the Council
SECTION 138 NOTICE OF FINAL CONFIRMATION
OF ASSESSMENTS. As practicable after the as