The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1916-11-03
assessed for such Improvement be present the hear
ing and submit evidence, may the city.

ing and submit evidence as may the city.
SECTION 127. DAMAGES. HOW AWARDED. IN
TEREST. The Council in making such assessment shall
determine and apprae the any person
sted 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 respec
lively as damaged after making due allowance therefor for
benefit which such persons may respectively
derive from such Improvement.
And said awarded damages shall bear interest
at the rate OF six cent per from and after the
date OF the confirmation OF therefor herein
after provided until paid
SECTION 128 DAMAGES IN EXCESS OF BENEFITS
the damages to any be greater than the benefits
received if the benefits be greater the damages
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 build
ngs improvements upon any land proposed taken
such proceedings the award shall be for the damages the
land and improvements separately
Notice of such award shall then be given by the Council
to the person interested resident County,
left at his usual place Of abode with person Of
able age and discretion then residing therein
If the person interested is known nonresident
of the County, ten days notice by publication per-
interested shall be given in the official paper of the
City, which shall be sufficient notice to such
Such person interested may any time within
ten days after such notice notify in writing the Council of
his election to take such building improvement such
part thereof at its appraised value and in such 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
removal of such building improvement after the conrma
ton of the assessment the Council may allow.
If the person interested shall refuse take the
building improvement of such appraisal or fail to give
notice of his election aforesaid within the time pre-
srbed then deduction shall be made from the estimated
damages aforesaid and the Council may after the conma
ton of the and after the money in the hands
the Treasurer ready to be paid the for his damages
proceed to sell such building improvement part
Of for cash. giving days notice of sale by pubca
ton in the official and cause such building improve
men part thereof to be removed The proceeds Of such
sale shall be paid into the city treasury to the credit of the
fund chargeable with such Improvement.
SECTION $50. JOINT OWNERS LAND SUBJECT TO
LEASE If the lands and buildings belong different per-
the land is subject to 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 1871 DAMAGES ETC, TO BE ASSESSED
UPON REAL ESTATE BENEFITED. Having ascertained
the damages and of such improvements as aore
sad the Council shall thereupon apporton and the
same except such amount if any, has been appropriated
by the Council in payment of together with the costs of
the proceedings the real estate and property deems
benefited by such Improvement proportion to such bene
fits if be assessable therefor but shall the
amount Of such exceed the actual benefit to the
SECTION 1872 ASSESSMENT ROLL The assessment
roll shall contain brief description Of each tract parcel
property taken injured assessed name and
of the thereof far known the Council if
unknown shall state and the amount of damages awarded
and benefits any, against each parcel Of property
The assessment 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-
actual benefit to the property subject assessment the
Council shall state such roll and shall spec
lily the amount OF such The Council shall also note
the assessment roll the total amount included in the
sessment to cover 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 such
has been completed and that at 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 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 to file
his objection aforesaid do the time fixed for the
hearing of said objection named in said notice.
SECTION 1884, ADJOURNMENT OF PROCEEDINGS.
Should quorum of the Council be present the
and place appointed the proceedings may be adjourned to
such other convenient time be deemed expedent
SECTION 1875. 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 in
the previous notice shall be found imperfect for
any other which shall be satisfactory the Council
for doing
SECTION 1885, COUNCIL TO HAVE POWER TO ADJ
JOURN HEARING AND REVISE ASSESSMENT. The
Council shall have power ourn such hearing from time
time its discretion and correct the said
and to confirm and set aside the and proceed to
make assessment de
The when confirmed shall be corrected to
form 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 adavits of publication and service of
tice connected Herewith shall be entered into book kept
for that purpose by the Council
SECTION 1885, NOTICE OF FINAL CONFIRMATION
OF ASSESSMENTS AS practicable after the
of damages and benefits has been finally confirmed