No street or town way shall be laid out, widened,
altered, or discontinued unless a committee of the City Council, at
least seven days before the hearing in relation thereto, shall give
notice in writing to the several owners of all land over which the
street or town way is proposed to be laid out, widened, altered or
discontinued of the intention of the City Council to act upon such
laying out, altering or discontinuing of the same and shall in such
notice appoint a time and place for meeting and hearing all persons
interested therein. Such notice shall be served by leaving the same
at the usual place of abode of the owners of the land over which such
way is proposed to be laid out or altered or delivering the same to
such owner in person or to his tenant or authorized agent. If the
owner has no such place of abode within the City and no tenant or
authorized agent therein known to the committee, or if, being a resident
within the City, he is not known as such to the committee, such notice
shall be posted up in some public place within the City at least seven
days before the time of hearing.
After receiving the committee's report and in
case it is in favor of the proposed laying out, alteration or discontinuance,
if any parties interested shall have claimed before the committee,
or within the limited term of seven days shall have signified to the
City Clerk that they claim to be so heard, the City Council shall
meet in convention to hear the parties and may proceed to adjudicate
upon the subject matter of the report and if it sees fit may order
that such street or town way be laid out, widened, altered or discontinued
and may award to all persons sustaining damage thereby such compensation
as the Council shall adjudge to be reasonable.
In case the City Council lays out, widens or
alters any street or town way, it shall be the duty of the City Council
to cause permanent landmarks and bounds of such street or town way
to be established, in order that the exact limits thereof may be ascertained
and perpetuated.
No street or town way shall be altered in its
grade in such a manner as to damage any person in the convenient use
and enjoyment of his interests in any real estate, unless the City
Council shall first cause the like proceedings to be had with regard
to notice, hearing, report and determination thereon as are provided
in this article in the case of laying out town ways.
The provisions of this article shall not apply
to the laying out and grading of streets under an act of the legislature
approved May 11, 1853.