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Thirdly , that it does not appear that the property which is to be taken to make the
desired protection , or part thereof , is to be taken for a public use , or that the
proposed assessments will be for a public purpose . It is manifest that the
... were authorized to combine and build dikes by taking a specified course of
procedure ; and the lands of all were liable to be assessed , those of unwilling
owners as well ; and to be taken and leased for long terms to pay the assessment
1150 ) provides , in the case of certain street improvements , that the report of the
commissioners of assessment shall be advertised after being filed in the city clerk
' s office and ten days before action thereon by the council ; and that if council ...
We have gone over the various steps in the proceeding leading up to the
assessment attacked , and find no illegality in the original ordinance , the
resolution fixing a time and place for treating with owners of lands to be taken , or
Plainfield , 41 Id . 138 , both of which related to assessments for street
improvement , and the Boice case related to a ... the proceeding at this stage was
not an assessment , but an exercise of eminent domain , and if the other owners
make no ...
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