6B.46 SPECIAL PROCEEDINGS TO CONDEMN EXISTING
UTILITY.
1. When any city has voted at an election to purchase, establish,
erect, maintain and operate heating plants, waterworks, gasworks or
electric light or power plants, or when it has voted to contract an
indebtedness and issue bonds for such purposes, and in such city
there exists any such utility, or incomplete parts thereof or more
than one, not publicly owned, and the contract or franchise of the
owner of the utility has expired or been surrendered, and the owner
and the city cannot agree upon terms of purchase, it may, by
resolution, proceed to acquire by condemnation any one or more of the
utilities or incomplete parts thereof. When so acquired it may apply
the proceeds of the bonds in payment therefor and in making
extensions and improvements to such works or plants so acquired, but
not more than one utility may be so acquired when the municipality is
indebted in excess of the statutory limitation of indebtedness for
such purposes for any such acquired property.
2. Upon the passage of the resolution as provided in subsection 1
and the presentation of a certified copy thereof to the supreme court
while in session, or to the chief justice of the supreme court, the
court or chief justice shall within five days appoint as a court of
condemnation three district court judges from three judicial
districts, one of whom shall be from the district in which the city
is located, if not a resident of the city, and shall enter an order
requiring the judges to attend as such court of condemnation at the
county seat of the county in which the city is located within ten
days. The district court judges shall attend and constitute a court
of condemnation.
3. Said court when it meets to organize or at any time during the
proceedings, which may be adjourned from time to time for any
purpose, may fix the time for the appearance of any person that any
party desires to have joined in the proceedings, and whom the court
deems necessary. The time for appearance shall be sufficiently
remote to serve notice upon the parties, but if the time for
appearance occurs after the proceedings are begun, the proceedings
may be reviewed by the court to give all parties a full opportunity
to be heard.
4. Persons not voluntarily appearing, but having any right,
title, or interest in or to the property which is the subject of
condemnation, or any part thereof, including all leaseholders,
mortgagees and trustees of bondholders, who are to be made parties to
the proceedings shall be served with notice of the proceedings and
the time and place of meeting of the court in the same manner and for
the same length of time as for the service of original notice, either
by personal service, or by service by publication, the time so set
being the time at which the parties so served are required to appear,
and actual personal service of the notice within or without the state
shall supersede the necessity for publication.
5. The court of condemnation shall have power to summon and swear
witnesses, take evidence, order the taking of depositions, require
the production of any books or papers, and may appoint a shorthand
reporter. It shall perform all the duties of commissioners in the
condemnation of property. The duties and the method of procedure and
condemnation, including provisions for appeal shall be except as
otherwise specifically provided, as provided for the taking of
private property for works of internal improvement. The clerk of the
district court of the county where the city is located shall perform
all of the duties required of the sheriff in the condemnation; and in
case of a vacancy in the court, the vacancy shall be filled in the
manner in which the original appointment was made. When necessary by
reason of a vacancy, the court may review any evidence in its record.
6. The costs of the proceedings shall be the same and paid in the
same manner as in proceedings in the district court, and the district
court judges of the court of condemnation shall receive, while
engaged in such service, their actual expenses, which expenses shall
be taxed as costs in the case.
6B.46 SPECIAL PROCEEDINGS TO CONDEMN EXISTING
UTILITY.
1. When any city has voted at an election to purchase, establish,
erect, maintain and operate heating plants, waterworks, gasworks or
electric light or power plants, or when it has voted to contract an
indebtedness and issue bonds for such purposes, and in such city
there exists any such utility, or incomplete parts thereof or more
than one, not publicly owned, and the contract or franchise of the
owner of the utility has expired or been surrendered, and the owner
and the city cannot agree upon terms of purchase, it may, by
resolution, proceed to acquire by condemnation any one or more of the
utilities or incomplete parts thereof. When so acquired it may apply
the proceeds of the bonds in payment therefor and in making
extensions and improvements to such works or plants so acquired, but
not more than one utility may be so acquired when the municipality is
indebted in excess of the statutory limitation of indebtedness for
such purposes for any such acquired property.
2. Upon the passage of the resolution as provided in subsection 1
and the presentation of a certified copy thereof to the supreme court
while in session, or to the chief justice of the supreme court, the
court or chief justice shall within five days appoint as a court of
condemnation three district court judges from three judicial
districts, one of whom shall be from the district in which the city
is located, if not a resident of the city, and shall enter an order
requiring the judges to attend as such court of condemnation at the
county seat of the county in which the city is located within ten
days. The district court judges shall attend and constitute a court
of condemnation.
3. Said court when it meets to organize or at any time during the
proceedings, which may be adjourned from time to time for any
purpose, may fix the time for the appearance of any person that any
party desires to have joined in the proceedings, and whom the court
deems necessary. The time for appearance shall be sufficiently
remote to serve notice upon the parties, but if the time for
appearance occurs after the proceedings are begun, the proceedings
may be reviewed by the court to give all parties a full opportunity
to be heard.
4. Persons not voluntarily appearing, but having any right,
title, or interest in or to the property which is the subject of
condemnation, or any part thereof, including all leaseholders,
mortgagees and trustees of bondholders, who are to be made parties to
the proceedings shall be served with notice of the proceedings and
the time and place of meeting of the court in the same manner and for
the same length of time as for the service of original notice, either
by personal service, or by service by publication, the time so set
being the time at which the parties so served are required to appear,
and actual personal service of the notice within or without the state
shall supersede the necessity for publication.
5. The court of condemnation shall have power to summon and swear
witnesses, take evidence, order the taking of depositions, require
the production of any books or papers, and may appoint a shorthand
reporter. It shall perform all the duties of commissioners in the
condemnation of property. The duties and the method of procedure and
condemnation, including provisions for appeal shall be except as
otherwise specifically provided, as provided for the taking of
private property for works of internal improvement. The clerk of the
district court of the county where the city is located shall perform
all of the duties required of the sheriff in the condemnation; and in
case of a vacancy in the court, the vacancy shall be filled in the
manner in which the original appointment was made. When necessary by
reason of a vacancy, the court may review any evidence in its record.
6. The costs of the proceedings shall be the same and paid in the
same manner as in proceedings in the district court, and the district
court judges of the court of condemnation shall receive, while
engaged in such service, their actual expenses, which expenses shall
be taxed as costs in the case.
6B.46 SPECIAL PROCEEDINGS TO CONDEMN EXISTING
UTILITY.
1. When any city has voted at an election to purchase, establish,
erect, maintain and operate heating plants, waterworks, gasworks or
electric light or power plants, or when it has voted to contract an
indebtedness and issue bonds for such purposes, and in such city
there exists any such utility, or incomplete parts thereof or more
than one, not publicly owned, and the contract or franchise of the
owner of the utility has expired or been surrendered, and the owner
and the city cannot agree upon terms of purchase, it may, by
resolution, proceed to acquire by condemnation any one or more of the
utilities or incomplete parts thereof. When so acquired it may apply
the proceeds of the bonds in payment therefor and in making
extensions and improvements to such works or plants so acquired, but
not more than one utility may be so acquired when the municipality is
indebted in excess of the statutory limitation of indebtedness for
such purposes for any such acquired property.
2. Upon the passage of the resolution as provided in subsection 1
and the presentation of a certified copy thereof to the supreme court
while in session, or to the chief justice of the supreme court, the
court or chief justice shall within five days appoint as a court of
condemnation three district court judges from three judicial
districts, one of whom shall be from the district in which the city
is located, if not a resident of the city, and shall enter an order
requiring the judges to attend as such court of condemnation at the
county seat of the county in which the city is located within ten
days. The district court judges shall attend and constitute a court
of condemnation.
3. Said court when it meets to organize or at any time during the
proceedings, which may be adjourned from time to time for any
purpose, may fix the time for the appearance of any person that any
party desires to have joined in the proceedings, and whom the court
deems necessary. The time for appearance shall be sufficiently
remote to serve notice upon the parties, but if the time for
appearance occurs after the proceedings are begun, the proceedings
may be reviewed by the court to give all parties a full opportunity
to be heard.
4. Persons not voluntarily appearing, but having any right,
title, or interest in or to the property which is the subject of
condemnation, or any part thereof, including all leaseholders,
mortgagees and trustees of bondholders, who are to be made parties to
the proceedings shall be served with notice of the proceedings and
the time and place of meeting of the court in the same manner and for
the same length of time as for the service of original notice, either
by personal service, or by service by publication, the time so set
being the time at which the parties so served are required to appear,
and actual personal service of the notice within or without the state
shall supersede the necessity for publication.
5. The court of condemnation shall have power to summon and swear
witnesses, take evidence, order the taking of depositions, require
the production of any books or papers, and may appoint a shorthand
reporter. It shall perform all the duties of commissioners in the
condemnation of property. The duties and the method of procedure and
condemnation, including provisions for appeal shall be except as
otherwise specifically provided, as provided for the taking of
private property for works of internal improvement. The clerk of the
district court of the county where the city is located shall perform
all of the duties required of the sheriff in the condemnation; and in
case of a vacancy in the court, the vacancy shall be filled in the
manner in which the original appointment was made. When necessary by
reason of a vacancy, the court may review any evidence in its record.
6. The costs of the proceedings shall be the same and paid in the
same manner as in proceedings in the district court, and the district
court judges of the court of condemnation shall receive, while
engaged in such service, their actual expenses, which expenses shall
be taxed as costs in the case.
