Taking; notice

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§ 15-68. Taking; notice

(a) Whenever a notice is required to be given for the taking of land or any right therein or the awarding of damages therefor, a citation shall be issued signed by the Clerk or City Attorney of said City, and containing the names of all persons to whom notice is to be given, which citation shall be served, in the manner provided for serving a writ of summons, upon the person or persons to whom notice is to be given, by a sheriff, constable, or police officer of said City, not more than 60 days nor less than six days prior to the time of hearing. The return of said officer upon the original citation shall have the same effect as evidence of such service as is by law given to the return of a sheriff or constable upon a writ of summons. Such citation and return shall be made a part of the record of such proceeding.

(b) If at any stage of the proceedings for the taking of land, or any right or interest therein, for the purposes of this subchapter it appears that any person or persons owning or interested in such land have not been duly notified, said proceedings shall not be held void by reason thereof, but shall be suspended until such person or persons are duly notified as hereinbefore provided. Whereupon the same proceedings shall be held in the same manner and with the same effect as if said person or persons had been duly notified by the original citation. If any person so notified appears he or she shall be heard upon all matters therein pending in which he or she is interested.


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