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- <br />- <br />LEONA WHITE <br />404 NATIONAL BANK BUILDING SHORTHAND <br />AID REPORTER <br />I Lam. <br />OR 403 EAST BOWMAN STREET- - .. J _ _ I 1 1/'1I V REPORTER <br />- SOUTH BEND..INDIANA <br />PHONES 4-3141,. 8-4407 - <br />_ <br />on it, and you are attempting to measure the damage or benefit <br />to the adjoining land -for the pavement, Now there is a benefit <br />merely by tirtue of this condemnation, under this method. <br />Is the benefit, then, to be divided into two parts, one of <br />which may be assessed as a benefit for the bare right-of-4way <br />only <br />3,iR, MILLER: Yes. Sure. Certainly. I wish you would show <br />rite -- you have been asking for some lair -- I wish you would` <br />show me any authority whatever for assessments against ad- <br />joining landowners in Indiana, for improvements on a street. <br />11R. ROPER.: <br />I would refer- you to Section 48-503. It gives the city <br />general power to improve. And I would refer you to 48-2001, <br />and the following sectiohs., the sections under which we are <br />proceeding, and I would call your attention to the phrase of <br />that particular section which provides for the Board to make <br />assessments and awards, and in -which the phrase "Work and. <br />proposed evorklt , . are used, and the balance of the phrase in <br />which "right -of --%ay" is not referred to. It seems to me that <br />the Board has very ample power to.make assessments and swards, <br />and on the basis of a street in place. <br />I donut know what you are driving at, Mr. Miller. Do <br />You want two different procedures, and two different assessmen <br />s` <br />Is that what you want`? <br />MR • MILUER. - <br />That is what we will have, but that is not the question <br />involved here, <br />- .. 17 - <br />