Buchanan County bulletin and guardian. (Independence, Iowa) 1866-1869, 1868-10-16
LAWS OF IOWA.
CHAPTER III.

AN ACT to enable Railroad Corporations
10 take and hold Real Estate for the pur>
pose Of constructing and maintaining
Dams and Reservoirs to hold and accu.
malats water to supply Engines, and for
the purpose Of laying down pipes to sup>
ply water for the use Of Engines used in
operating such Railroads.
SECTION l. BE it enacted by The General
Assembly Of the STATE Of Ioica, That any
railroad corporation owning or operating. or
that may hereafter own or operate, any rail-
road within this State, may, at such points
as may be deemed necessary BY said cor
poration for water stations. take and hold
additional real estate for the purpose Of
erecting and constructing dams, and there's
by forming reservoirs to accumulate and
hold water TO supply the engines used in op-
Grating such railroad Prorided. That tie
dwelling ,hoase, out house. orchard. or gar
den of the proprietor Of any real estate SO
taken shall not be overhowed or otherwise
injuriously affected thereby. The com mis-
sioEers who may assess tie damages TO the
owner, as hereinafter provided, shall state in
their report whether the dwelling house. out
house, orchard, Oh garden Of the proprietor
of any real estate SO taken will be overflow
ed, or otherwise irjariously affected BY the
erection and maintaining of such dam. The
land SO taken shall at the opinion Of the
owner be set apart by such commissioners
in square or rectangular shape, If the own
er requests it, including all The overfowed
land, but shall not deprive the owner Of the
land to the lof access to and use, in com>
mon with such company, Of the water in such
stream ON his own laid.
SEC. ?. That any such railroad sorpor-
alton may lay down pipes through any land
adjoining the track Of the railroad, and not
to greater distance than three >torrths of n
mile from such track, (unlsss BY consent of
the owner Of the land through which the
pipes may pass beyond that dis,ance,l and
maintain and repair such pipes, and thereby
conduct water for the supply Of the engines
Of such railroad from any running stream /;
and such corporation shall without any uns
necessary delay, after laying down or res
pairing such pipes. cover the same so as TO
restore the surace of the land through which
they may pass 10 its natural grade, and said
corporation shall As soon rs practicable re-
place any fence that it may be necessary to
open in laying doan orrepairing such pipes,
and the owner of the land through which the
same may be laid shall have right to use
the land, through which such pipes pass, in
any manner not 10 interfere with such pipes ;
Irorided, also, that said pipes shall not be
laid to any spring, nor be used SO as to in>
iuriously withdraw the water from any
farm.
SEc. ,. That in any case under this act
where the owner Of any real estate shall re.
fuse to grant the right to construct such dam
and reservoir, or T. lay down and maintain
such pipes, as the case may be, the damage
which such owner will sustain, by reason Of
the erecting Of said dam and reservoir, or
by reason OF the laying down and maia,ain.
ing Of such pipes, shall be assessed and paid
in the manner provided for assessing dam
ages in the Act entitled "An Act granting
to railroad companies the right Of way"
contained in article Of Revision Of 1860,
and all the provisions Of that act, in rela-
tion TO The assessment and payment of dam
ages and the mode Of giving notice TO mons
residents, and in other cases, shall be ap>
Plicable to proceedings under this act, and
either party shall have the right to appeal
from the assessment Of damages herein pro.
vided for in the manner provided in that act
contained in said article 3, and with the
same effect: Prorided, That if the com>
missioners SO assessing damages shall state
in their rcpor. that the dwelling-house, out
house, orchard, or garden Of the proprietor
of any real estate 20 taken will be overflow,
ed or otherwise injuriously affected BY ,hs
| erection and maintaining o. such dam, then