|
|
posed in laying out, opening, widening, extending or straight-
ening, in whole or in part, any street, lane, alley or market
space or square, or in establishing any building line or the
width of any sidewalk, or in making any addition or exten-
sion to the basin or harbor, or to the public wharves or
docks, that a portion only of a lot or of a lot and improve-
ments shall be taken, used or destroyed, and the owner or
owners thereof shall claim to be compensated for the whole, the
said commissioners may in such cases, if they deem it best, and
not otherwise, accept a surrender in writing of the whole of
said lot, or the whole of said lot and improvements, or the
whole of said improvements, if any, from said owner or
owners; in which event the said commission shall ascertain
the full value thereof, as if the whole lot or lots and improve-
ment or improvements, as the case may be, were necessary
to be taken and used for such proposed object; and the
whole amount of such valuation, when finally decided on,
shall be paid or tendered the said owner or owners before
any part thereof shall be destroyed, removed or used, unless
such owner or owners shall assent thereto in writing as now
provided for by law; and the said commission, after giving
ten days' notice in two of the daily newspapers of the city
|
CHAP. 108
Claims of own-
ers of portion
of lots.
|
|
|
|
of the time and place, manner and terms of sale, shall sell
by public auction to the highest bidder, or shall sell at
private sale in its discrection, the materials of any building
or buildings, or the debris thereof which it shall be neces-
sary to remove in whole or in part, and also the residue of
any lot of which a part shall be taken and used to effect the
object confided to the commission, and which residue shall
have been with the consent of the commission aforesaid sur-
rendered by the owner aforesaid, said purchase money to be
paid when full possession shall be given of the property or
materials or debris so sold; and the said commission, or a
majority of the members thereof, on receiving the purchase
money aforesaid, and not before, shall, by a good and suffi-
cient deed, convey the lot or lots of ground by them so sold
to the purchaser, but no such sale shall be made until after
|
Sale of lots and
material on
them.
|
|
|
|
the commission have assessed the entire amount of damages
for taking said property and it shall have been paid or ten-
dered to the proper party or parties, or invested or paid into
court, as by law required, nor until the said commission is
able to give possession to the said purchaser or purchasers
|
Assess the
entire
amount of
damages.
|
|
