The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1916-10-13
CHAPTER Is.
EMINENT DOMAIN.

! SECTION 119. GRANT OF POWERS CITY MAY AC-
QUIRE PROPERTY. The City Of Ely hereby empowered
to take acquire by proceedings in condemnation any
property corporeal ncorporea wheresoever situated
within without the City, which may be needed by said city
SECTION 800 NECESSITY FOR TAKING TO BE DE-
CLARED BY RESOLUTION The necessity for the taking
property shall be declared by resolution of the Coun
ell which resolution shall in general way describe the
property needed, and order its condemnation.
SECTION 121. CITY MAY MAKE ASSESSMENTS FOR
IMPROVEMENTS. The city is hereby authorized and
powered except hereinafter specified levy
property benefited by improvements to the amount
of such benefit without regard to cash valuation.
SECTION 1872 COST OF IMPROVEMENTS The Coun-
Gil may by majority vote of all its members order that the
and expense of all any part of any improvement
this chapter shall be paid out OF the appropriate fund or
fund of the city without assessment the
erty benefited.
SECTION 1913. COUNCIL TO DETERMINE NATURE
AND EXTENT OF IMPROVEMENT When the Council
SHALL by resolution declare that for public improvement it
necessary to take damage njure destroy any private
property property devoted public us it shall declare
by resolution general the nature and extent of the
proposed improvement.
SECTION 124. CITY ENGINEER TO BE NOTIFIED
TO MAKE PLAT The Council shall thereupon notify the
City of such determinations and thereupon shall
be the duty of the Engineer to make and present
Council plat and survey of such proposed Improvement
showing nature extent the same and the
property necessary to be TAKEN damaged injured de-
sroyed benefited thereby together with the of the
and occupant OF each parcel OF such property
gether with such other statements be proper
plain such and the nature and extent OF such
posed improvement.
Such plat and survey shall show approximately the
of land belonging each which to be bene
ted TAKEN damaged injured destroyed and the Council
may such plat survey to be modified amended
changed the nature and extent of such
ment
SECTION 125. COUNCIL TO ADOPT PLAT, ORDER
IMPROVEMENT AND GIVE NOTICE. When such plat
and survey shall finally describe the proposed improvement
to the satisfaction of the Council the Council may by reso
ton adopt the and order the making of the
men The Council shall then give fifteen days notice. by
publication in the official paper of the City, of the time
and place when will meet to make award of damages
and assessment of benefits which notice shall describe
the land property be condemned by general descrp
ton and shall specify what such assessment if any,
for, and in general way what property will be assessed
therefor 1t shall copy of such notice to be served
in the in which summons is served in civil
action district court upon all parties interested the land
to be condemned benefited appears by the last
men list in the office of the auditor of the county, who
be found in said county, and also all occupying
said lands any part thereof and it shall mail copy of
such notice all nonresdents of the said county,
ing of interested in said land addressed to the
last known posoce address of such nonresdents and if
such address unknown such notice shall be addressed
such person at Ely Minnesota Proof of the service and
mailing Of such notice shall be made by affidavit of the
serving mailing the and how each notice
mailed addressed, and such affidavit shall be filed in
the office of the City Clerk.
SECTION 126. HEARING All parties interested in any
property to be condemned any real estate be