The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1868-05-15
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| .e CHAPTER III. 81, .,t,..s..,..i. ssi
An Act 10 Enabis,R ,RsiIroad Corpora.
tions to take and hold Real Estate
| for tho purpose of, eonstruetina
and maintaining Dams and Rsser.
voirs to hold and accumulate
Water to supply, Engines, and fsl
the Purpose Of laying down Pipes
to supply Watcf for the use ol
Engines used il operating such
Railroads.
T SIC /. BE il enacted BY ske Gsu-
keral Assembly Of the State Of Iowa,
tTbat any rail rosd corpoEation own
fng or operating, or that 'insy~ here
Eaftcr own or operate, any railroad
within this state, may. at such
points aamay be deemed necessary
by said corporation for water Sta
tions, take aud hold additional real
estate for the purpose Of erecting
aud constructing dams, and thereby
forming rsssryoirs to accanulats to aud
hold water to supply the engines used
in opera ting such ra ilroad: Provided
that. the Rdwcliinghouse. out house,
orchard, or garden Of the proprietor
of any real estate SO taken shall not
be overfowcd or otherwise injurious.
ly affected thereby. The commits.
[siouers who may assess the dana gcs
to the owner as hereafter provided.
shall state in their report whether
the dwelling-housc. out house, orch
ard, or garden Of the proprietor of
any real estate 50 taken will be
overfowcd, or otherwise iujuriously
affected by tho erection and main
tanning of such dam. The land 50
taken shall at the option Of the owner
be set apart by such commissioners
in square or rectangular shape, If
the owner requests it, including all
the overaowcd land. hut shall not
deprive the owner Of the land to the
LOT access to ard use, in common
with such company, Of the water in
such stream Oh his own land. a-g J..
SEC 2. That any suchsssailroad
corporation may lay down pipes
[through any land adjoining the tra.k
OF the railroad, and not greater
distance than threc-fourths of mile
from such track, unless by conscrt
Of the owner cf.thc land, through
which the Pipes may pass beyond
that distance, and maintain and
repair such pipes, and thereby con-
duct water for the supply of the
engines for such corporation, shall
withe ut unnecessary delay, after lay
ing down or repairing such pipes.
coyergtke sameaso kas to restore the.
surface Of the land through which
they may pass to its natural grade,
and said, corporation shall as soon
as ablcrcplacc any fence that
it may be necsssaryato open in lay
ing down or repairing such pipes,
and the owner of the land through
which tho same may he laid shall
have a right to use tl,eland. through
which such pipes pass, in any ma nncr
not to interfere with such pipes;
Provided, also, that said pipes shall
not belaid to Any spring, g,nor be used
so as to injuriously withdraw the
water from any farm. a@@ f
Sxc 3. That in~any case under
this act where the owner Of any real
estate shall refuse to grant tho right
to construct such dam and reservoir,
or to lay down and maintain such
pipes, as tho case may be, the
damage which such owner will sus-
tain, by reason of'thc erecting Of
said dam and reservoir or by reason
of the laying down and maintaining
Of such pipes, shall be assessed and
paid in tho manner provided for
assessing damages in the Act
entitled tan Act srantinglto ratl-
road companies the, right Of way, !,
contained in article 8 Of Revision. of
1860, and all the provisions of that
act, in relation to the assessment
and payment Of damages and the
mode Of giving .nctice to non7res,
idcnts, and in other cases, shall rbs
appliable to proceedings under this
act. and either party shall have tho
right to appeal from the assessment
Of damages herein provided for in
tho maaner provided in that act
conta ined ii said article 8, aud With
the same effect: Provided. That if
tho cdmnissoners 50 sssSSssing dam
ages shall state in their report that
tho dwell,ng-house, clubhouse, orcb-I
ard. or garden Of the proprietor Of
any real estate so taken will be over
flowed or otherwise injurionsly
affected by the erection and main
tanning Of such dam, then said dam
shall not be erected until ii shall have
been otherwise determined on the
trial Of said appeal in tho district
court; and the appeal above provided
for shall carry with it the, question
whethe the dwelling house, clubhouse
orchard, or garden ofthS propristor
oflsnyl real issssto q taken willsbs
thus oyerfowed, or .iothcrwisc
injuriously affected, and such ques-
tion, as we'll as the amount Of dam
asos, shan be tried u the district
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