The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1916-10-27
CHAPTER Is.
EMINENT DOMAIN.

SECTION 119. GRANT OF POWERS. CITY MAY AC-
QUIRE PROPERTY The City Of Ely is hereby empowered
to take or acquire by proceedings in condemnation any
property corporal ncorporea wheresoever situated
within without the City, which be needed by said city
sECTfON 1870 NECESSITY FOR TAKING TO BE DE-
CLARED BY RESOLUTION. The necessity for the taking
of property shall be declared by resolution of the Coun
Gill; which resolution shall In general way describe the
property needed, and order it's condemnation.
SECTION 121. CITY MAY MAKE ASSESSMENTS FOR
IMPROVEMENTS The city is hereby authorized and en-
powered except hereinafter specified levy assessments
upon 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 of all any part of Improvement in
this chapter shall be paid out of the appropriate fund
general 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 take damage jure destroy any private
property property devoted to public 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 hereupon notify the
City Engineer such determination and thereupon shall
be the duty Of the Engineer to make and present to the
Council plat and of such proposed Improvement
showing the nature and extent OF the and the
property necessary be taken, damaged injured de-
stroyed benefited thereby together with the of the
and occupant of each parcel OF such property to-
gether with such other statements be proper to
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 or
changed the 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
satisfaction of the Council the Council may by reso
ton adopt the and order the making of the improve
The Council shall then give fifteen days notice. by
publication in the official paper of the City, of the time
and place when will to make award of damages
of benefits in which notice shall describe
the land property be condemned by general descrp
tion and shall specify what such assessment if to be
for and in general what property will be assessed
therefor 1t shall copy OF such notice to be served
in the in which is served In civil
action district upon all parties interested in the land
condemned benefited appears by the last
men list in the office of the auditor of the county, who
be found said county and also all occupying
said lands any part thereof and it shall mail copy of
such notice all nonresdens of the said county, appear
ing be interested in said land addressed to the
known posofce address of such nonresidens and if
such address unknown such notice shall be addressed to
such person Ety. Minnesota Proof of the service and
mailing of such notice shall be made by affidavit of the
person serving mailing the and how each notice
mailed was addressed and such affidavit shall be fled in
the office of the City Clerk.
SECTION 1876 HEARING. All parties interested in any
property to be condemned IN any real estate to be