Rensselaer Republican, Volume 22, Number 31, Rensselaer, Jasper County, 3 April 1890 — SOME NEEDED INFORMATION ABOUT THE GRAVEL ROAD LAW. [ARTICLE]

SOME NEEDED INFORMATION ABOUT THE GRAVEL ROAD LAW.

The lecent unsuccessful attempt to secure the building of a gravel road from the Benton county line to Burk’s bridge, developed the fact that much misinformation existed, even among onr best informed citizens, in regard to the practical details of grayeL-road building and especially in regard to the provisions of the law under authority of which they are constructed. In fact, we have but little doubt but that had the people been better informed regarding the law, the project would have met with a better fate. It is therefore the purpose of this article, not to reprint the law in all its minute and rather complicated details, but to give an easily understood abstract of all its important features. We should also say, right here, that there are two entirely distinct laws for building free gravel roads, but on this occasion we shall deal only with the old law, under which it was proposed to build the road above mentioned. With this introduction we will now proceed to give a brief, but, we hope, plain and easily comprehensible statement of the process of establishing a free gravel road. A petition mnst be presented to the Board of Commissioners, describing the route of the proposed road and the character of the improvement desired. The Signatures of five or more responsible holders of lands that will be assessed are sufficient for this preliminary petition, but as the road can not be finally ordered until a majority of the resident owners of lands subject to assessment, and the owners of a majority of the acres of land reported as benefitted, have signed this petition, it is customary to secure all these signatures before presenting the petition at all. The fact that the signers of this petition will have to pay all costs made if the roadis* not finally ordered built, makes the securing of a majority of the needed signatures before any expense is incurred, a wise precautisn.

The petition being in due form and presented to the Commissioners, they appoint three viewers and a surveyor and engineer, who proceed upon a day appointed “to examine, view, lay out, or straighten said road, as in their opinion public convenience and utility require.” They must assess the damages that will be sustained by any property owners through the laying out or straightening of the road or from the appropriation of material to build it, make a list of all the lands that ought to be assessed for benefits, and show the necessity of the proposed improvement, and report all of this to the Commissioners at their next regular session:

Provided, that these viewers are not permitted to assess damages to any persons, except minors, idiots or lunatics, for private property taken to build the road, unless the owners of such property pr Jheir- Agents, file written application for such damages within ten days after the viewers complete the 8u rv Tether, that any person not satisfied with the damages given him, may have the same assessed by a jury of five persons, 2 chosen by the County Commissioners, 2 by the claimant and the fifth by the other four. The decision of this j ury is final. Notice of the time the viewers will begin their survey of the proposed road, must be given by three publications in a newspaper. Upon the return of the viewers’ report to the County Commissioners, that body will order the road made if they thiuk the public convenience requires it, and if the petition previously mentioned has received all the required signatures, and again appoint three; viewers who go out and apportion upon the property affected the estimated expense of the improvement

j NOTICE THESE POINTS. These viewers can only assess lands which lie within two miles of the proposed road, but, (and notice these points especially,) there is no provision in the law restricting the viewers as to the amount they shall assess upon anv land within the limits. The supposed restriction to $2 per acre has no existence in fact. The viewers must assess all property affected, whether in town or country, in proportion to the benefits received, according to the best of their judgement. When these viewers, or as the law calls them in some places, the -committee T -haVje.-returned..th£ir..re-port to the county Auditor, he gives notice of it by publication in a newspaper and, in the stirae way notice of the time tho-commission-ers wilt meet to receivetbe report When the Commissioners meet to

receive the report, they will confirm it, have been filed in Writing, by any owners of land effected. If there be exceptions they will hear the evidence, anft may change the report or confirm it, or may appoint a new committee, and this new committee may make a new apportionment of the expenses of the road or may recommend the confirmation of the former report. When this is done the Commissioners must take final action. The final order for for building the road having been made the Commissioners must appoint a competent engineer to superintend its construction, and this engineer with the approval of the Comissioners, shall make a contract for the performance of the work. The work is to be let to the lowest and best bidder, in sections of not less than a half mile, and after notice of such letting, in a newspaper.. The assessments against property for the road, are to be placed on a special duplicate by the County Auditor, and will constitute a lein on the property, the same as other taxes. The assessments are not to be put on the duplicate, however, until the road is built, and will then be reduced or increased Yro rata as the actual expense shall be found to be more or less than the estimate. To raise the immediate cash needed to buM the road, the Commissioners issue bonds of the county, maturing at annual intervals, after two years, and not beyond 8 years, and bearing interest not to exceed 6 per cent, and which bonds shall not be sold at less than par value. The assessments are to divided 60 as to meet the principal and interest of these bonds as they fall due, are collected the sameMs other taxes and can never b 6 used for any other purpose than the payment of the bonds or interest

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