The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1916-10-06
CHAPTER Is.
EMINENT DOMAIN.

SECTION 119. GRANT OF POWERS CITY MAY AC-
QUIRE PROPERTY The City Of Ely is hereby empowered
to take acquire by proceedings in condemnation, any
property corporal incorporeal wheresoever situated
within without the City, which may be needed by said city
SECTiON 12O NECESSITY FOR TAKING TO BE DE-
CLARED BY RESOLUTION. The necessity for the taking
of any property shall be declared by resolution of the Cou
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 hereinafter specified to levy assessments
upon property benefited by improvements to the amount
of such benefit without regard to cash valuation
SECTION 122. COST OF IMPROVEMENTS. The Coun-
Gil may by majority vote of all it's members order that the
cost 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 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 nure destroy private
property property devoted to public shall declare
by resolution general the nature and extent of the
proposed improvement.
SECTION 1914. CITY ENGINEER TO BE NOTIFIED
TO MAKE PLAT The Council shall thereupon notify the
City Engineer such determination and thereupon shall
be the duty of the to make and present to the
Council plat and survey of such proposed improvement
showing the nature and 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 to-
gether with such other statements be to
plain such survey and the nature and extent or such pro-
posed Improvement.
Such plat and survey shall show approximately the
amount of land belonging to 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 1875 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 by resou
ton adopt the and order the making of the improve
ment. The Council shall then give fifteen days notice, by
publication in the official paper of the City, of the time
and place when it will make award of damages
and of benefits in which notice shall describe
the land property to be by general descr
ton and shall specify what such assessment is 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 served In civil
action in district upon all parties interested in the land
to be condemned benefited appears by the last
ment list in the Office of the auditor of the county, who
be found in said county, and also upon all occupying
said lands part thereof and it shall mail copy of
such notice to all nonresdents of the said county appear
ing OF record to be interested said land addressed to the
last known postoce address of such nonresidens and if
such address is unknown such notice shall be addressed to
such person at Ely Minnesota Proof of the service and
mailing OF such notice shall be made by affidavit of the
person serving mailing the same and how each notice
mailed was addressed, and such affidavit shall be filed in
the office of the City Clerk
SECTION 1876 HEARING. All parties interested in any
property SO to be condemned any real be