Pueblo chieftain., 1922-03-18
OF BENEFITS.

SECTION Is. APPOINTMENT OF
APPRAISAL COMMISSIONERS At
the time of making it's order organizing
the district or at any time thereafter,
the court, or Judge thereof in vacation,
shall appoint three commissioners
(theTein described and referred to as
appraisers or the board OF appraisers)'
whose duty 1t shall be to appaise the
lands or other property within and
without the district to be acquired
for rights-of-way. reservoirs and other
works of the district, and to eppraise
all land within or without the district
by reason OF the execution of the Of
ficial plan. Said appraisers shall be
freeholders residing within the State
o. Colorado. who may or may not own
lands within said district Each of
the appraisers SHALL before taking up
his duties, take and subscribe to an
oath that he will faithfully and i'm
partially discharge his duties as such
appraiser. and that he will make a
true report of such work done by him.
Tho said appraisers shall at their first
meeting elect ono OF their own num-
Der chairman. and the secretary OF
tho board Of directors or his deputy
shall b ex-officio secretary of said
board of appraisers during their con-
tinuAnce in office. A majority OF the
appraiser shall constitute a quorum.
and . concurrence OF the majority In
any matter within their duties shall
be sufficient for Its determination. The
court fnay, by order. remove any ap-
praiser at any time, and shall III all
vacancies In tho board Of appraisers.
OF may appoint now board, as occa-
xon may require, which now board
ie appointed, shall perform all the
duties and exercise all tho powers OF
the board Of appraisers OF the district.
SECTION 20. APPRAISALS. Dur
ing the preparation OF the Official
Plan. the board OF appraisers shall
examine and become acquainted with
tho nature of tho plans for. the I'm
provement and of tho lands and other
property affected thereby. in order
that they may be better prepared to
make appraisals.
When the Official Plan Il filed with
the secretary Of tho district he shall
a. once notify the appraisers, and they
shall thereupon proceed to appraise the
benefits of every kind TO all land and
property within or without the dis
trict which will result from tho orGan'-
ration of sAid district and tho execu-
iicn of the Official Plan: and also to
appraiDo the damages sustained. ana
the value Of ths land and other prop
srty necessary to bs taken by the dis
sriet for which settlement has not been
made BY the board OF directors In
the progress Of their work. tho apprais-
srs shall have tho assistance OF 'ns
attorney, engineers. secretary ana
Other arsnts and employees OF the dis-
triet
. The HoAsA Of appraisers shall also
snprnieo the benefits and damages, IL
any. aecruing to cities. towns. coun-
tisa and other public corporations, a.
voiiticAl entities. and TO tho state OF
Colorado. and the sam. shall be taken
and considered the ame A. oenehts
o. damageo, ~ the case may be. TO
land cs other property.
Before appraiaals OF compensation
and damages arc made. tho boatd OF
Aifccs ors OF the district may report 10
the appraisers the parccis OF land u
may wish to purchase and for which
u may wish Appra'ssis 10 oe mHu,. T.,
beth for easemcn, and for purchaS IN
fee simple and tho directors may spec
isy tho particular purpose for which
and tho extent to which an easement
in anv property - desired. describing
Definitely such purpose ana extent
rha appraisers shall appra%c an Gam
aRes which may. h~cauno OF tho cScSu.
ton OF the official rinn. accrue 10 res
or other property. either within or
rr.thou. the district. which damages
shan also cover easements acquired bS
the district for all OF tho purposes OF nr
district. uulAss otherwise specifically
stated. Wherever instructed 50 to 90
by the directors. tho appraisers shal
appraiss lands which Il maS be ncces-
sary o. Desirable for tho district TO own.
ard whom Instructed by tho directors
~ To do. they shall apprais. both tho
total value OF tho land. and also tho
damagss dus TO an easement Tor thr
purposas OF tho district. Upon sueh
arpraiAfa being confirmed ny thn
court. tbs board OF directors OF the
district shall havc tho option OF pay
ing the entire appraised value OF IN"
property and acquiring full title TO IL
in fee simple. or OF paying only tho
coz, OF srch easement. for tho pur-
rosAs OF the district. Upon written
demand by the owner. such option
shall BE- crMclscd by tho directors
within ninety days after tho date OF
the final judicial determination OF
such appraisal Tho appraisers IN ap
prai~ns benefits and damages shall
consider only the cffcc; OF the esecn-
lion OF tho Official Plan. ApprnisaF
Of value for property taken shall be
made wishou. reference 10 any IN
crease In value thereof due to the exc
cution Of tho Official Plan. Tho ap,
praisers IN making arpraitalH shhl
give due considerations and crcd't 70
any other works or other systcms OK
protcctIon already constructed. or un.
der construction. which form useful
par, of the work OF tho district accord
ing to the Official Plan. Where the
appraisers or a jury. in case one be
called, return no appraisal cf dsmases
to any property. I, shall be deemed .
finding by them that no damages VIII
be sustained.
SECTION 21. LAND AFFECTED
OUTSIDE THE DISTRICT. If the ap-
prsisers find that land not crpbraccd
within the boundaries OF tho district
will hc affected by tho proposed I'M
provement. or should he included in
tho district, thcy shall appraise the
benefits and damages to such land and
shall fila notice in the court. OF tho
appraisal which they have made upon
tn. lands beyond tho boundaries OF the
district. and to the land which, In thoir