7-14-4201. Establishment and alteration of street grade. (1) The city or town council has power to establish the grade of any street, alley, or avenue.
     (2) When the grade has been established, it must not be changed except by a vote of the majority of the council and not then until the damage to property owners caused by the change of grade has been assessed and determined by three disinterested appraisers, who must be appointed by the mayor and confirmed by the council, who must make an appraisement, taking into consideration the benefits, if any, to the property, and who must file their report with the clerk within 10 days after receiving notice of their appointment. The amount of damages so assessed must be tendered to the owner or his 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.