May 14, 1953.
STUKES, Justice.
This appeal involves the construction and application of section 7301 of the Code of Laws of 1942 which is as follows:
"Whenever within the boundaries of any municipality, it shall be necessary or desirable to carry off the surface water from any street, alley or other public thoroughfare, over the private lands, property adjacent or adjoining such thoroughfare, upon demand from the owner or owners thereof, such municipality...
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