1889 private laws – Ch.219 Sec.60

That the board of aldermen shall have power to grade, #NAME? and pave the streets and sidewalks, and to lay out, change and open new streets, or widen those already open, and make such improvements thereon as the public convenience may require; also to lay out, regulate and establish parks for the use of the city, to regulate and protect public grounds and protect the shade trees of the city. That when any land or right of way shall be required for the purpose of opening new streets or for widening those already open, or for other objects allowed by this charter, and for want of agreement as to the compensation therefor, and the same cannot be purchased from the owner or owners, the same may be taken at a valuation to be made by three freeholders of the city to be chosen by the aldermen; and in making said valuation said freeholders, after being duly sworn by the mayor or a justice of the peace or clerk of a court of record, shall take into consideration the loss or damage which may accrue to the owner in consequence of the land or right of way being surrendered, also any benefit or advantage such owner may receive from the opening or widening such streets, or other improvements, and ascertain the sum which shall be paid to the owner of said property, and report the same to the board of aldermen under their hands and seal, which report, on being confirmed by the board and spread upon their minutes, shail have the effect of a judgment against said board of aldermen, and shall pass the title to the board of aldermen, in their corporate capacity, of the land so taken; and the land may at once be condemned and used by the city for the purpose intended: Provided, that if any person over whose land the said street may pass or improvement be erected or the aldermen be dissatisfied with the valuation thus made, then, in that case, either party may have an appeal to the next superior court: Provided, however, that such appeal shall not hinder or delay the aldermen opening or widening such street or creating such improvement.