13-1016.   Consent to acquisition of way; cost of condemnation.Any person through whose lands such flushing-ditch or conduit,discharging-sewer or outlet may be constructed, or who would be otherwisedamaged, may give consent thereto in writing, and such writing, with formalacknowledgment, may be recorded in the office of the register of deeds ofthe proper county, and thenceforth the city shall have the same right toconstruct and maintain such flushing-ditch or conduit, discharging-sewer oroutlet as though such lands and right-of-way had been formally condemned.All costs and expenses occasioned by such condemnation for and theconstruction of such flushing-ditch or conduit, discharging-sewer or outletbeyond the city limits shall be assessed against the lots and pieces ofland in the district or districts for which the same was constructed:Provided, That no sewer be permitted to empty into any stream fromwhich a water supply is obtained within three miles above the point wheresaid water supply is obtained.

      History:   L. 1903, ch. 122, § 152; March 18; R.S. 1923, § 13-1016.