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Just compen-
sation given
when private
property is
taken for Im-
provements.
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under his hand and the seal of the town, which shall give
the names of the owners, at the date of the ordinance, of the
property to be taken; shall state the date and purpose of the
ordinance, and shall state that their property will be taken
for the purpose specified in the ordinance, and that commis-
sioners will be empanelled to ascertain said compensation, and
on the day and at the place fixed by the Mayor or member of
the Council, as the case may be; said notice shall be served by
the bailiff by delivering to such owner a copy thereof or by
leaving such copy for such owner at his usual place of abode
with some member of his family over the age of fifteen years.
Corporations shall be served with such notice in like manner
as with summons in ordinary civil action. If service cannot
be made on all or any of the parties aforesaid within the
town the return shall so state and be prima facie evidence
of the facts stated therein, whereupon said notice shall be
published once a week for three weeks before the day for
the sitting of said commissioners in some newspaper having
a general circulation in said town; an affidavit of the pub-
lisher of said notice shall be evidence of the facts; service
of the notice shall be made at least six days before the com-
missioners meet; it shall be sufficient to bring in the owners
of and all persons claiming any interest in the property
affected by such proceedings who may be the owners or be
interested therein at the time the ordinance providing for
the improvement takes effect, and all parties claiming or
holding through or under such owners or persons interested
shall be bound by such proceedings, (c) The commissioners
shall ascertain the just compensation to be paid, as follows :
First, for each piece of property taken where the public use
thereof shall be such that the town must have exclusive
possession thereof, the actual value of the property taken ;
second, for each piece of property taken when the public use
thereof may be such that the town need only have such
possession and control as will not wholly exclude the pos-
session and beneficial use thereof by the owner, the actual
damage from the public use specified in the ordinance. To pay
such compensation the commissioners shall assess against
the town the amount of benefit to the town and public gen-
erally. Parties interested may submit evidence to the com-
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