Whenever in the enlargement or extension of water works or sewers, it shall, in the
judgment of the city council, be necessary to take any private property, consisting
either of land, buildings, or other private property, the city council shall have
power to acquire the same by purchase, or by condemnation, in the matter provided
in this Code or other law, and in such cases of condemnation, as well as purchase,
a full title in fee simple for the property acquired shall vest in the city. Provided,
however, that in the case of purchase or condemnation of private property for laying
sewers or water mains, where the city council may deem it best only to obtain the
right to lay and maintain the sewers or water mains over, across or through private
property, the city council may either purchase or condemn the right simply to lay,
construct and maintain the mains and sewers and the necessary appendages thereto,
over, across or through any private property, giving to the owner thereof the right
to use of the surface of the land, except at such times and such places as the city
council or the proper board, officer or department of city government of the City
of Minneapolis may find it necessary to enter upon, dig into or disturb the surface
for the purpose of laying, relaying, constructing, or reconstructing or repairing
such water mains or sewer pipe; and deed of purchase in such case, or the judgment
of the court in the case of condemnation shall define the rights of the city and its
proper boards, officers, agents, or the city council as well as the land owners therein.
(2014-Or-108, § 5, 12-5-14, eff. 1-1-15)
