§ 540 — Widening, extending or connecting streets

Sec. 540. - Widening, extending or connecting streets.

In any case where any municipality shall desire to extend any existing street, alley or highway, so as to connect with any other existing street, alley or highway, or shall desire otherwise to extend any existing street, alley or highway, or to widen the same, the said municipality shall, in the ordinance providing for such improvement, designate the portions of such existing streets, alleys or highways, and the portions of the extension and extensions of such streets, alleys or highways upon which, in the judgment of the Board of Commissioners or other governing authorities of said municipality, the abutting property receives a special and peculiar benefit from said improvement, whether the said portions of said streets, so designated, shall abut the physical improvements or not and one-half of the total cost of the following items incident to said improvement, to-wit: (a) Property acquired. The cost of any property purchased, condemned or otherwise acquired for the purpose of opening, extending or widening said streets, alleys or highways, and all court costs and every other charge incidental to said condemnation, purchase, or acquisition. (b) Damages. The amount of damage paid as a result of injury to abutting property by a change of grade or drainage, including all court costs and incidental expenses arising as a result of any proceedings had, to ascertain and fix said damages. (c) Retaining walls, etc. The cost of any retaining walls, sidewalks or fences built or altered in lieu of cash payment for the damages to property on the acquisition thereof. (d) Moving or altering buildings. The cost of moving or altering any store or other structures shall be assessed against the property abutting upon the said portions of said streets, alleys or highways or designated by said ordinance as receiving a special or peculiar benefit from said improvement, according to the frontages of the several lots or parcels of land abutting upon the portions of said streets, alleys or highways so designated and the remaining one-half of the cost of said items above enumerated shall be borne by said municipality. (e) (Abutting property assessment.) One-half of the cost of grading, paving and of all other expense incident to such improvement excepting the items (a), (b), (c), and (d) above-mentioned, shall be assessed against the property abutting the physical improvements, consisting of the opening, extending or widening of said streets, alleys, or highways in proportion to the frontages of the several lots or parcels of land thus abutting upon the said physical improvements and the remaining one-half of the expense of said items shall be borne by the municipality.

(Priv. Acts 1919, ch. 765, § 1; Priv. Acts 1925, ch. 512; Priv. Acts 1949, ch. 495, § 1)