13-1016. Consent to acquisition of way; cost of condemnation.
13-1016
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 otherwise
damaged, may give consent thereto in writing, and such writing, with formal
acknowledgment, may be recorded in the office of the register of deeds of
the proper county, and thenceforth the city shall have the same right to
construct and maintain such flushing-ditch or conduit, discharging-sewer or
outlet as though such lands and right-of-way had been formally condemned.
All costs and expenses occasioned by such condemnation for and the
construction of such flushing-ditch or conduit, discharging-sewer or outlet
beyond the city limits shall be assessed against the lots and pieces of
land in the district or districts for which the same was constructed:
Provided, That no sewer be permitted to empty into any stream from
which a water supply is obtained within three miles above the point where
said water supply is obtained.
History: L. 1903, ch. 122, § 152; March 18; R.S. 1923, § 13-1016.