When, in the opinion of the governing body, it is necessary to make any public improvement, including the establishment, extending, widening, grading, or improving of any street or alley, or the establishment, construction, extending, enlarging, or completing of any sewer, sidewalk, bridge, or viaduct, or removing any irrigating ditch, it is lawful for said body to declare by ordinance the necessity for such improvement.
Source: L. 75: Entire title R&RE, p. 1249, § 1, effective July 1.
Editor's note: This section is similar to former § 31-35-303 as it existed prior to 1975. 31-35-304. Streets and alleys - eminent domain. In case such proposed improvements consist of the establishment, opening, extending, or widening of any street or alley in such city or town and it is necessary to take private property to make such improvement, said ordinance shall declare such necessity, specifying and describing the property to be taken. Thereupon such city or town, by its governing body and its duly authorized officers, may exercise the right of eminent domain and may condemn, take, or damage any private property that may be necessarily condemned, taken, or damaged in the making of such improvement. The manner of proceeding in such cases shall be as prescribed by the laws of this state for the condemnation of lands in other cases.
Source: L. 75: Entire title R&RE, p. 1249, § 1, effective July 1.
Editor's note: This section is similar to former § 31-35-304 as it existed prior to 1975.
Cross references: For proceedings under eminent domain, see article 1 of title 38.