Charter of the City of Dallas Page: 70
92 p. ; 24 cm.View a full description of this legislative document.
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-70-
or for public schools, industrial schools, parks, squares, and pleasure
grounds, public wharves and landing places for steamers and other crafts,
or for the straightening or improving of the channel of any stream, branch
or drain, such property may be taken for such purposes by making just
compensation to the owner thereof. If the amount of such compensation
shall not be agreed upon, it shall be the duty of the Board of Commis-
sioners to cause to be stated in writing the real estate or property sought
to be taken, the name of the owner thereof, and his residence if known,
and the purpose for which said property is sought to be taken and file
such statement with the county judge of Dallas County. Upon the filing
of such statement, it shall be the duty of such judge, in term time or
vacation, to appoint three disinterested freeholders and qualified voters
of the County of Dallas as special commissioners to assess the damages
to accrue to the owners by reason of such condemnation. The special
commissioners so appointed, shall, in their proceedings, be governed and ,
controlled by the State laws in force in reference to the condemnation
of right of way for railroad companies, and the assessment of dam-
ages therefor, the City of Dallas occupying the position of the railroad
company. In estimating the damages to such property the jury shall
not only estimate the value of the land so taken, but they shall also
estimate the damage done to the remainder of any land from which it
is taken by reason of such taking and use; provided, however, that in
case of the condemnation of land for the opening, extending or widening
of any street, or for straightening or improving the channel of any stream,
branch or drain within the corporate limits of said city, the Board of
Commissioners may, by ordinance, provide that the cost of such property
shall be paid for by the property owners owning property in the im-
mediate vicinity thereof and benefited thereby. In such cases the Citv
Engineer shall, under the direction of the special commissioners ap-
pointed, make a plat of the property which in the judgment of said
special conunissioners, will be specifically benefited and enhanced in value
by the making of such improvement, whereupon such special commis-
sioners shall issue notice to the owners of such property to appear before
them at a time and place to be designated in such notices to show cause,
if any they have, why such propert- should not be assessed to pay the
cost of the property so condemned; such notices may be served by any
police officer in the City of Dallas, or any other officer of the State of
Texas, County of Dallas, authorized by the laws of said State to serve
process of the courts of said State; and in all cases where such owner
or owners, or any of them, are absent from said city and county, upon
the agent of such absent owner, if such owner shall have an agent
in said city or county, and in case such absent owner shall not have
such agent, or in case the owner of such property is unknown, then such
notice shall be published for two (lays consecmtively in some newspaper
published in the City of Dallas; such notice shall be given five full days
before the final determination by the special commissioners of the amount
of assessment against the owner of such property for such improvement;
said special commissioners shall determine the value of the property de-
sired to be taken, belonging to the different owners thereof, if there be
lnore than one such owner, and if there be only one such owner, the
value of the same, and shall also find how much of the cost thereof
shall be assessed against the owner of each lot or subdivision of the
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Reference the current page of this Legislative Document.
Texas. Legislature. Charter of the City of Dallas, legislative document, 1907; (https://texashistory.unt.edu/ark:/67531/metapth610709/m1/76/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Dallas Municipal Archives.