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

Tor such be present at the hear
SECTION 1877. DAMAGES. HOW AWARDED IN
TEREST The Council, in making such assessment shall
determine and apprase the owner and any
esd the value Of the real interest taken
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 as damaged after making due allowance therefor for
any benefit which such may respectively
derive from such improvement
And said awarded damages shall bear interest
at the rate of six per from after
date OF the confirmation OF therefor herein
SECTION 1913. DAMAGES IN EXCESS OF BENEFITS.
the damages to be greater than the benefits
received the benefits greater than the damages the
Council shall strike balance the difference only shall
in any case be collected from them paid to them
SECTION l29 APPRAISEMENT. WHERE THERE
ARE BUILDINGS ON THE LAND. In case there are build
ngs improvements upon land proposed be taken
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 interested if resident County
or left at his usual place of abode with person Of suit
able age and discretion then residing therein
1t the interested is known nonresident
Of the County, ten days notice by publication per-
interested shall be given the official paper of the
City, which shall be sufficient notice to such owner
Such owner or person interested may any time within
ten days after such notice notify writing the Council
his election to take such building improvement or such
thereof at its appraised value and such case 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 or the assessment, the Council allow
1t the person interested shall refuse take the
building Improvement of such appraisal fail 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 and after the money is in the hands
ready be paid to the for his
to sell such building Improvement part there
for cash. giving ten days notice of sale by pubica
ton in the official paper and such building improve
ment part thereof to be removed The Of
sale shall be paid into the city treasury the credit the
fund chargeable with such improvement.
SECTION 40. JOINT OWNERS: LAND SUBJECT TO
LEASE If the lands and buildings belong different per-
sons the land is subject lease damage done to
such respectively be awarded to them by the
Council, less the benefits resulting hem respectively
SECTION 131. DAMAGES ETC. TO BE ASSESSED
UPON REAL ESTATE BENEFITED Having ascertained
the damages and expenses of such as aore
sad the Council shall thereupOn apporton and the
except such amount any, has been appropriated
by the Council In payment of same together with the of
the proceedings upon the real estate and property deems
benefited by such Improvement proportion to such bene
fits If any be assessabe therefor but shall the
OF such assessment exceed the actual benefit to the
lot parcel so assessed.
SECTION 1872. ASSESSMENT ROLL The assessment
roll shall contain brief description of each tract parcel
of property TAKEN injured assessed the
of the thereof far known the Council if
unknown shall and the of damages awarded
and benefits any against parcel of property
The roll shall show both the total dana 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
actual benefit to the property subject assessment the
iy the amount of such The Council shall also
the roll the total included in the as
sessment to the expenses of the proceedings.
SECTION 1873. NOTICE OF COMPLETION OF AS
SESSMENT- ROLL When completed, the Council shall
to be given ten days notice by publication the
official paper of the City the effect that assessment
has been completed and that time and place therein
specified it will hear objections thereto and that all such
objections must be filed writing with the City Clerk
least day prior to the time specified and that
sufficient 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 file
his objection aforesaid to do the time fixed for the
hearing of said objection named in said notice
SECTION 1884, ADJOURNMENT OF PROCEEDINGS.
Should of the Council not be present the time
such other convenient time be deemed eXpedent
SECTION 135. NEW NOTICE MAY BE GIVEN. Moth
ing herein contained shall preclude the Council from causing
notice aforesaid to be given, specifying time and
place at which will hear objections to said assessment
the previous notice shall be found imperfect for
for doing
SECTION 1876. COUNCIL TO HAVE POWER TO AID
JOURN HEARING AND REVISE ASSESSMENT. The
Council shall have power dourn such hearing time
time its discretion revise and the said
ment and to confirm and aside the proceed
make assessment de
The assessment when confirmed shall be corrected con-
form to such confirmation and shall be final and conclusive
upon all interested therein and appealing there
from.
SECTION 1877 PROCEDURE AFTER CONFIRMATION
OF ASSESSMENT When said assessment is confirmed, it,
together with all adavits Of publication and service of
tce 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 as
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