Year: 1859

erdl assembly Of the State OF ONO, That


the board of public works shall have charge of
the public works Of the state, and shall have
power to perfect, render useful, maintain, keep,


in repair and protect the same; and to that end


shall have power to remove distractions therein


or thereto, and to make such alterations or a.
mendments thereof, (whcther now or hereafter
constructed, and to make such feeders, dykes,


reservoirs locks, dams, and other works, devi


ccs and other improvements as they may think
proper for the respective purposes aforesaid.


That each member Of said board shall have the


like powers in respect to the division Of the pub


lie works under his special charge, subject, how


ever, to the control of the board; but he shall
not undertake the construction of any new work


whose cost would c1cesd two thousand dollars,


without the previous direction Of the board.
That to enable them to exercise the powers aforc-
said, it shall be lawful for the board, and each


member thereof within his proper division, to
purchase in the name and on behalf of the state
such real or personal property, rights or privi-
leges, rs may be necessary for the respective
purposes aforesaid; and also, to agree with any


owner whose property may be appropriated as
hereinafter mentioned, upon the sum of money


to be paid by the state as compensation therefor,
and to pay the same in the manner designated
by law. And it shall also be lawful for the board,
and each member thereof, and every supcrin-
tendent, agent or engineer employed by them or
him, to enter upon, take possession of and use,
upon the conditions and ubjcct to the limitations
hereinafter prescribed, any lands, waters. streams
or materials necessary for tho respective pur-
poses aforesaid, doing, nevertheless, no unneees-
sary damage. And thcymay also enter
upon any lands for tho purpose Of
making any surveys or taking any levels
that 1t may be necessary or expedient to make
or take, in the discharge Of their respective du-
ties. .. a.. ..4.r.- -.y


Sec. q Private property may be appropria-
ted for the respective uses specified in the first
section of this act, as follows when the public
use to be made of the property would render it
substantially valucless to the owner, all estates
therein, or rights thereto, may be appropriated


and upon the proper proceedings being had as
hereinafter provided, shall vest in the state.
Vixen the public use Of the property will be
temporary, or at intervals enly, or when for any
other reason it may be unnecessary VI inexpe-
dcnt to appropriate the fec simple therein or ab-
solute right thereto, an easement or right COM
mcnsuratc with the use to be made thereof may
be appropriated; good and sufficient title to
which easement, or right, upon tho proper pro-
ceedings being had as hereinafter provided, shall
vest in the state. When u breach, other injury
or obstruction, destructive Of or materially ini-
pairing the immediate use of any of the public
works, (by which term is meant not only the
main works, but alss 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, i,,-
jury or obstruction, or danger thereof shall oc-
cur in any work in process or construction, and
repairs or protection shall be Immediately nec-
essary for the preservation or restoration of the
same, such cases all and singular, shall be Deem
ed cages of public exigency justifying the i'm
mediate seizure of private property to repair or
protect auch works, or to be used permanently or
temporarily as places or deposit of materials
for those purposes, of matter removed in ma |
king such repairs protection. In all other |
cases provided for by this act, compensation
for the property to be appropriated shall first be
made in money, or first be secured by deposit
of money, as hereinafter provided,


Sec. 8. The mode of making appropriations un-
der this act shall be follows: In case of pub
lie exigency. as defined in the preceding sect ion
the private property necessary TO repair or pro-
tect the public work may be seized, either abso-
lutely or for temporary use, by the board a.
foresaid, or either Of their members, or any one
of their superintendents, agents or engineers
and the rights thereto, or to such temporary use !
shall Immediately vest In the state In all other /
cases tho appropriation shall be made by the
board, or one Of the members thereof. In such ,
cases of public exigency if the property be i'm.
mediately seized without first paying for the |
same, it shall be the duty of the board, or some /
one Of their members, Gf the compensation 10
be paid therefor be not agreed upon with the
ownerD without delay to make and officially |
subscribe as many certificates in oil respects o. I
like as may be necessary, containing First A !
description of the property SO taken, with the
time or times when taken, and whether taken .
absolutely or for temporary use, and if the lat
ter, the extent Of the use, and the name or names
of the owner thereof. Secondly: An offer on BE-
half of the state to pay therefor n specific sum
of money, being such sum as the board, or their 4
member, shall deem reasonable; one of which !
certificates shall be delivered to each of the own
ers of the property so taken if resident within
this state, at his or her usual place of abode
therein; provided, that If any owner be o 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 to the board then notice to him or
them may be given by personal service of such
certificate, or BY publishing the same for four
circulation in the county wherein the property
was taken, One Of said certificates, with proof
of its having been served or published as aforc-
said, and the date of such service or publication
shall be filed and preserved in the office of the
eboard. II any owner, or his or her guardian as
aforesaid, shall at any time otter the seizure of
his or her property as aforesaid, and within one
year after the service of the year as aforesaid,
or its last publication as aforesaid, as the case
may be- elect to take the sum of money so offer
ed or, in case Of joint ownership or tenancy in |
common, his or her proper proportion thereof, the
b oard or the proper member thereof shall pay, |
or cause the same to be paid him or her. and |
shall take therefore recsipt specifying on what
account the same is paid and such payment