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07/18/1944 Board of Public Works Special Meeting Minutes
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07/18/1944 Board of Public Works Special Meeting Minutes
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Board of Public Works
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Minutes
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7/18/1944
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.` <br />LEONA WHITE <br />404 NATIONAL BANK BUILDING SHORTHAND REPORTER <br />OR. 403 EA3T. BOWMAN STREET <br />SO UTH� BEND. INDIANA <br />-. PHONES. 4-3141. 8-4407 <br />of the community to a point where the Board feels that it shoml <br />now be a public highway, we condemn that as a right -of -via Y <br />E: <br />for a public street,. lTow ire are faced with assessing the <br />benefits and damages to the adjoining property owners. The <br />only quest ion is, should •tine pavement on there, be ignored ` or <br />considered <br />MR. MULLER <br />I cant answer the question': of emiree x it en*t analogo <br />s <br />here. This. is a eondernation of right-of:,�ray without anything <br />on it, and the ;improvements were put on afterwards , and then" an <br />attempt made to assese.benefi s ;for the improved right--of-way <br />on the land. I think if you will read..the statutet carefully <br />and most careuZly the' part that:<reTtes to grading and sid6wa1R <br />s <br />I think it will throws a good de4 of li-ght orb the .rig? is o ' <br />the Board in regard: to that. <br />i'R. LEVY: <br />One more hypothetical case. Suppose there is a series <br />of land ownerst and one of the land owners has a factory., and <br />he rents $ private strip of land for his use, and he paves. it, <br />and uses it for a few years. Then the community grows up here, <br />and the city says:, " �°Te are going to condemn the right-of-vrxy." <br />And it :pgar that the city^desires the exact spot. which this <br />man. has,' and it is faced with assessing damages and'benefits <br />as to theindividual who put it in, and as to the n_,erswho <br />didn't pay for the pavement. <br />M. M.ILLER This thing is clarifying. In the first place, <br />I canft concieye of t ; <br />he city putting in a pavemen without 'havin <br />
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