7-14-4201. Establishment and alteration of street grade. (1) The city or town council may establish the grade of any street, alley, or avenue.
(2) When the grade has been established, it may not be changed except by a vote of the majority of the council and not until the damage to property owners caused by the change of grade has been assessed and determined by three disinterested appraisers. The appraisers must be appointed by the mayor and confirmed by the council. The appraisers shall make an appraisal, taking into consideration the benefits, if any, to the property, and shall file their report with the city or town clerk within 10 days after receiving notice of their appointment. The amount of damages assessed must be tendered to the owner or the owner's agent before any change of grade is made.
History: En. Subd. 68, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.67, R.C.M. 1935; R.C.M. 1947, 11-970; amd. Sec. 604, Ch. 61, L. 2007.
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