Duties of viewers; assessment of damages and benefits; schedule; notice; exceptions

Act 68 of 1899, § 3, under MUNICIPALITIES PERMITTED TO CHANGE WATERWAYS.

Act 68 of 1899, § 3

Section 3. Duties of viewers; assessment of damages and benefits; schedule; notice; exceptions

Said viewers, having been duly sworn or affirmed faithfully, justly and impartially to decide and true report to make concerning all matters and things to be submitted to them, and in relation to which they are authorized to inquire in pursuance to the provisions of this act, and having viewed the premises or examined the property, shall hear all parties interested and their witnesses, and shall estimate and determine the costs and expenses and the damages for property taken, injured or destroyed, to whom the same is payable; and having so estimated and determined the damages, together with the benefits as hereinafter mentioned, they shall prepare a schedule thereof, and give notice to all parties to whom damages are allowed, or upon whom assessments for benefits are made, of a time, not less than ten days thereafter, and of a place where said viewers will meet and exhibit said schedule and hear all exceptions thereto and evidence. Notice of the time and place of said meeting shall be given, by personal service, upon all parties allowed damages or assessed benefits, as shown upon such schedule. After making whatever changes are deemed necessary, the said viewers shall make report to the court, showing the damages, costs and expenses, and benefits allowed and assessed, in each case, and file therewith a plan, showing the improvements, the properties taken, injured or destroyed, and the properties benefited thereby. When said report is filed, notice thereof shall be given by publication once a week for two weeks in a newspaper published in the county in which said borough or city is located, proof of publication of which shall be filed with the court at least five days before the confirmation of said report. Said notice shall state the date of filing of the report, and shall contain a schedule of the damages and benefits as shown therein, and shall further state that, unless exceptions thereto be filed within thirty days from the date of filing, the said report will be confirmed absolutely. 1899, April 28, P.L. 74, Sec. 3.