Description of property - Delivery of copy of ordinance - Making improvements.

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The ordinance of necessity shall particularly describe the tract of land necessary to be taken for public use and a copy of the ordinance, duly certified by the municipal clerk, shall be delivered to:

1. The Governor, if the property to be taken is state property;

2. The county clerk, if the property to be taken is county property; and

3. To the clerk of the school district or board of education, if the property to be taken is school property.

Upon passage and proper delivery of the ordinance of necessity, the municipality shall have the power to immediately enter upon the land and improve it by opening, widening, extending or laying out, over, upon and across the land a street or avenue, and the land so taken shall become a part of the street system of the municipality. When the ordinance of necessity has been passed, it shall be considered conclusive evidence in any court of the public necessity for opening, widening, or laying out such street.

Laws 1977, c. 256, § 36-411, eff. July 1, 1978.


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