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LEONA WHITE <br />404 NATIONn1 BANK BUILDING SHORTHAND REPORTER <br />OR 403 EAST BOWMAN STREET <br />- - SOUTH BEND. INDIANA: <br />..PHONES 4-3141. 3-4407 <br />or benefits assessed on the basis of a pavement, or just. the <br />le gal ri ght o -wgy <br />My :-guess is where there ''is a pavement in and that,, is <br />condemned, and:'that is a pu.blic,benefit,t.o the people adjoining <br />there --my guessis that the lair wo-.ld,,permit the assessment <br />of benefits for that opening, to this other land. But those <br />cases are, hot analogous to this case. <br />The difference in this case is simply the fact that. <br />there are two differences. First:, there was no primate right- <br />of-wdy previous. to the. condemnation; and: second.- the pavement <br />instead of 'being laid on the ground, was merely in the form of <br />a binding contrast.. <br />And the difference in the legal aspec t of the:IT- atter-. <br />the law says there is. a spe cial gray it-shotld be 'done , <br />IffR ROPER: May I make a few comments? I find. .in reading <br />through the eminent domaine statute . for "cities of second clash, <br />. <br />(48-2001) that there are references .I could have made to 'the <br />Board, and I did. not. Section 103, of 48-Z007, that section <br />is entitled "assessment liens: It says, "On the completion <br />{ <br />of such assessment roll by the Board, the seine shall be deliver <br />ad";. <br />to the Department of. Finance,, and from them the respective <br />amounts therein assessed, or when a lot or' parcel of 'land- has: <br />sustained bath benefits and damages, because of,: or -on ac.coun- <br />of any, improvement-. set; forth in said assessment roll any:. exces <br />if an.y of benefits assessed; or damages`,- or' awards, sham <br />