The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1916-11-03
CHAPTER Is.
EMINENT DOMAIN.

SECTION 49, GRANT OF POWERS. CITY MAY AC-
QUIRE PROPERTY The City Of Ely is hereby empowered
to take acquire by proceedings condemnation any
property corporal ncorporeal wheresoever situated
within without the City, which may be needed by said city
sECrfON 12O NECESSITY FOR TAKING TO BE DE-
CLARED BY RESOLUTION The necessity for the taking
any property shall be declared by resolution of the Coun
Gil, 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 to levy assessments
property benefited by improvements to the amount
of such benefit without regard to cash valuation.
SECTION 122. COST OF IMPROVEMENTS The Coun-
Gil by majority vote Of all its members order that the
cost and of all part Of improvement in
this chapter shall be paid out of the appropriate fund
general fund of the city without assessment the prop
erty benefited.
SECTION 123 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 private
property property devoted to public it shall declare
by resolution in general the nature and extent of the
proposed Improvement
SECTION 1874. CITY ENGINEER TO BE NOTIFIED
TO MAKE PLAT The Council shall thereupon notify the
CITY Engineer of such determination and thereupon shall
be the duty Of the Engineer to make and present the
Council plat and survey Of such proposed Improvement
showing the nature and extent of the and the
property necessary to be TAKEN damaged injured de-
soyed benefited thereby together with the Of the
and occupant of each parcel of such property
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
amount of land belonging each which to be bene
fed taken damaged injured destroyed and the Council
may such plat survey to be modified amended
changed to nature and of such improve
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 resou
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 meet to make award of damages
and of benefits in which notice shall describe
the land property be condemned by general descrp
ton and shall specify what such assessment if any, be
for and in general way what property will be assessed
therefor 1t shall copy of such notice to be served
in the In which is served in civil
action in district court upon all parties interested the land
to be condemned benefited by the last
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 to all nonresdens Of the said county, appear
ing of be interested in said land addressed to the
last known posoce address of such nonresdens and
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 same 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 be