Year: 1859

works of the state and shall have power TO per-


fect, render useful, maintain. keep in repair and


protect the same; and 10 that end shall have


power to remove distractions therein or thereto


and TO make such alterations or amendments


thereof, (whether now or hereafter constructed !
and to make such feeders, dykes, reservoirs


locks. DAMS and other works. devices and i'm


provemeats Is they may think prOTer for the


respective PURPOSES aforesaid. That each mem


Der of said boari shall have the like powers. in


respect To the division of the public works un-
der his special charge. subject. however. to the


control of the board; but he shall not undertake


the construction of any new work whose cost


would exceed two thousand dollars. without the
previous direction of the bOard That to enable
them TO exercise the powers aforesaid. it shall be


lawful iOy the board. and each member thereof


within his proper division, to purchase in the
name and on behalf of the state such real or per-
sonal property, rights or privileges, rs may b.
necessary for the respective purposes aforesaid;
and alsu, TO agree with any owner whose pro-
Iperty may be appropriated Is hereinafter men,


toned. upon the sum of money to be paid BY
The State as compensation therefor, and 10 pay
the same in the u anne designated BY law
And it shall also be lawful for the board. and
each member thereof. and every superintendent,
agent or engineer emploted by them or him. TO
enter upon. take possession of and Use. upon the
conditions and subject to the limitations here
matter prescribed, any lands, waters streams or


materials necessary for the respective purposes
Aforesaid, doing, nevertheless, no unnecessary
damage And they may also enter upon any
lands, for the purpose Of making any surveys or
taking any levels that it NAV be necessary or
expedient 10 make or take, in the discharge of
their respective duties.


Sec. .. Private property may be appropriate
ed for the respective uses specified in the fist
8 8 III -


use to be made of the property would render it
substantially valueless to the owner all estates
therein, or rights thereto may be appropriated.
and upon the proper proceedings being had as
| hereinafter provided, snail vest in the state
When the public use of the property will be
temporary, or at intervals only. or when for anv
other reason it may be unnecessary or inexpedi
eht 10 appropriate the fee simple therein. or alb
solute right thereto. al easement, or right. COM
mensuraic with the use TO be made thereof NAV
bc appropriated; good and sufficient title to
which easement, or right, upon the proper pro-
ceedings being hal as hereinafter provided, shall
vest in the state. When breach, or other in
Jury or obstruction, destructive of or materially
lImparing the Immediate use ofany Of the public
works, (by which term Is meant not only the
main works, but also all other works. structures
or devices connected with or appurtenant there
to- shall happen, or exist, or be in immediate
danger of happening, or when such breach. in
jury or obstruction, Or danger thereof shall Oc-
eur in any work in process of construction, and
and repairs Ol protection shall be Immediately
necessary for the preservation or restoration Of
the same, suth cases. all and singular shall be
deemed cases public exigency justifying the
Immediate seizure of private property property
to reI air or protd (uch works or 10 be used per-
manently or temporarily. as places of deposit of
materials Tor those purposes or OF matters renOv-
cd in making such repairs or protection. In all
other eases provided for by this act, a compcnsa-
ton f.r the property to be appropriated shall
/ first be made in money. or first secured BY 4
deposit of money, as hereinafter provided.


Sec. 3. The mode OF making appropriations un-
der this act shall be as follows: In case of
public exigency. as defined in the preceding
section. the private property necessary TO repair
OF protect the public work may be seized either
absolutely or for 4 temporary Use, by the board
aforesaid, or either oftheir members. or any one
Of their superlntendenies, agents or engineers.
and the rights thereto, or To such temporary
use, shall Immediately vest in the state. In all
other cases the appropriation shall be made by
the board, or one of the members thereof. Ia
such case OF public exigency, if the property be
Immediately seized without first paying for the
same. 1t shall be the duty of the board, or some
one of their members, or the compensation to be





without delay to make and officially subscribe
as many certificates, in all respects alike. rs
may be necessary, containing: First: n de-
scription of the property 50 taken, with the time
or times when taken, and whether taken abSO-
lutely or for temporary use and if the latter, the
extent of the use, and the name or names of the
owner thereof. Secondly: An offer OH behalf of
the state TO PAS therefor specific sum of mon


ev, being such sum as the board, or their mem-
L e


Gates shall be delivered 10 each of the owncrs of
the property 50 taken, if resident within this
state, or left at his or her usual place of abode
therein; provided. that if any owner be Il minor
idiot. or insane person, having guardian resi-
dent within this state, service of said certificate,
in manner aforesaid, shall be made on such guar
dian, which shall be deemed good service upon
The ward. But if any owner or guardian reside
without this state, or his place Of residence be
unknown 10 the board the notice to him or them
may be given either by personal service OF such
certificate. or by publishing the same for four
consecutive weeks in some newspaper of general
circulation in the county wherein the property
was taken. One of said certificates, with proof
of lis having been served or published rs afore-
said and the date of such service or publication,
shall be filed and preserved in the office of the
board If anv owner. or his or her guardian as
aforesaid. shall at any time after the seizure of
his or her property Is aforesaid, and within one
wear after the service of the certificates afore


said, or its last publication as aforesaid as the
case may be- elect to take the sum of money so
offered, or. in case of joint ownership of tenancy
in common, his or her proper proportion thereof
the board or the proper member thereof shall
pay. or cause the same TO be paid 10 him or her,
and shall take therefor n receipt specifying on
what account the same is Pad; and such pay
ment shall discharge all claims of such owIer
against The state by reason of the premises
But if he or she shall be unwilling 10 accept
said offer OF compensation. he or she may. with
in the year aforesaid, notify the board, or the
proper member thereof (uanely, the member
having special charge Of the division where the
property WAS takcn.) of such unwillingness, and
| if the board, or said member, and the owner
cannot agree upon the compensation 10 be paid,
| tn" owner NAV at any time afterwards, within
said year. file in the probate court of the county
wherein the property taken WAS situate when
taken or if it was Il tract of land situate partly
in one and partly in another county or counties,
then in the probate court of either of SAID cOGn-
ties one of said certificates. or copy thereof.
| (which copy shall be furnished 10 him or her
| by the board, or proper member thereof, if de-
manded,) } and require the judge of said probate
court to empancl jury and TO ISSUE yenire toT
them in tie manner hereinafter provided iii
section four; which yenire shall be served and
returned in said last named section. Before
snch venire shall I've issued, the owner shall nOti-
fy the board or proper member thereof. when it
Will be Issued. 'Gpoa such venire being issued,
the same proceedings shall be had, so far as the
same may be applicable and practicable, in re-
spcct TO the filling of vacancies, the quail flying
OF the jurors, the power TO administer Oaihs or
alirmaiions. the making and return of awards,
conduct OF trials. return of verdicS, exec tiOns
or petitions in error. and all other matters. a,
are hereinafter provided in respect to cases other
than those of public exigency "a aforesaid. the
proceedings shall be rs follows: The board. or
some member thereof shall make and officially
subscribe as mary certificates in all respects
alike, al may be necessary, stating: First-The
intention ufthe state appropriate the property.
use. o- easement. describing it sS fully and ac-
curaiely as would be necessary in Il conveyance.
and also stating the name of the owner or own
ers thereof Secondly-!The specific sum of
money that the state IS willing to pay therefor.
which shall be such sum as the board, or the
member having special charge of the work for
which the appropriation is to be made shall