Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1879-03-27
{ A8

AN ACT to authoriz railroad companies TO ex,
erciso the rigb, t of eminent domain in certain
cases in thial state. NJ. 5:,1s .|@s ,5-@
Be it enacted 'oy the Legislature Of the State Of
Minnes0tA a: 49, 4, j., p ~. + l,ss ,@ -
Section !. That any railroad company now
existing Under the laws of Minnesota, or which
has authority under the laws of this State to
build 'And operate q railroad within this State,
ana Uly railroad companies which may hereaf-
Ter % organized under the general laws of this
State, shall have power to acquire by purchase
or condemnation, all necessary roadways spur
yards, grounds for machine shops, warehouses,
elevators, depots station houses, and all other
structures that may be necessary or convenient
for the full enjoyment, use and operation of it's
road, and may purchase, erect and maintain,
and operate all such machine shops, warehouses,
elevators, depots, station houses and other
structures a. may be necessary or convenient
for the use, operation, and enjoyment Of the
road, and may make with any railroad com.
pany, such arrangements for the use Of any
portion of its tracks and road beds a. it may
deem necessary; and may, wherever and when.
ever it may be or become necessary for carry
ing out tho purposes of such corporation, enter
upon and cross over or under the tracks and
road beds of any other railroad corporation OF
company for the purpose of effecting q crossing
upon, over OF under the same or q connection
with the same, and may enter upon, across,
over, under or along any other lands Of all
other railroad corporations, streets and high.
ways, with it's own tracks, upon paying just
compensation to heperson OK corporation in.
jured thereby.
Sec. 2. That the power to condemn hexeby
granted, shall embrace all roadways, spur and
side tracks, rights of way, railroad crossings,
depot grounds yards, ground. for machine
water tanks, and all other buildings and struc-
lures rights, privileges and easements necessary
to the construction, or necessary or convenient
to the operation of any of said railroads; also,
all lands, rights, privileges and easements that
are or may become necessary or convenient to
the full enjoyment, use, maintenance and Ope.
ration of any Of said railroads.
Sec. s. That tho condemnation proceedings
hereby authorized. shall be instituted by said
company and conducted in the same manner,
as other similar proceedings are or may hereaf-
ter be instituted and conducted by railroad
companies in this State under tho general laws,
except that tho court in its discretion in and
by the order Of appointing commissioners, may
limit the easements to be acquil ed, by reserv.
ing to the owner of the property over which
the right Of way is sought to be obtained, such
rights and privileges in and to the same as shall
mot be incompatible with the use for which the
same is to be appropriated, to DO exercised and
enjoyed in such manner not to injure or to
interfere with tho road track and struoture of
such railway company, or the free and legiti-
mate use of the same for railway purposes.
Provided, that nothing in this act contained,
shall be construed as authorizing or empower.
ing said railroad company or any of them, to
condemn, appropriate or use any lands, proper
ty or rights or franchises of any other railroad
corporation, occupied or in use or necessary for
the operation of its railroad, or the transaction
of its business by such other corporation,
cept when the petitioning corporation shall
elect to cross any such property and tracks or
either by its tracks, and in such case the cor
poratlon electing to cross any such property
and tracks, or either, may cross the same,
either over, under or at grade, and then only by
the construction Of it's tracks across the same.
And in case where such election shall be made,
the district court to which the petition shall be
presented, shall at the time of tie appointment
of the commissioners, upon the request of
either party and upon such showing as the
court may deem necessary and proper prescribe
the location and the manner in which such
crossing or connection shall be made SO as to
effect the purpose Of the petitloning corpora
ton, and at tho same time do the least in jury
to the corporation whose property is taken.
Sec. 4. That nothing herein contained, shall
be construed to abridge the rights conferred on
any railroad company by existing general laws
of this State, or of any special laws of this
State.
Sec s. This act shall take effect and be in
force from and after its passage.
Approved March 6, 1879.