Daily globe., 1879-04-11
AN ACT to authorize railroad companies to ex-
ercise the right of eminent domain in certain

structures as may be necessary ox 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 as it may
deem necessary; and may, wherever and when
ever it may be or become necessary for carry.
ing out the purposes of such corporation, enter
upon and cross over or under the tracks and
road beds of any other railroad corporation or
company for the purpose of effecting crossing
upon, over or 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 its own tracks, upon paying just
compensation to the person or corporation in
jured thereby.
Sec 2. That the power to condemn hereby
granted, shall embrace all roadways spur and
side tracks, rights of way, railroad crossings,
depot grounds, yards, grounds for. machine
shops, warehouses;, elevators, station houses,
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. 8. That the condemnation proceedings
hereby authorized, shall be instituted by said
company and conducted in the same manner,
ter be instituted and conducted by railroad
companies in this State under the general laws,
except that the court in It's discretion in and
by the order of appointing commissioners, may
limit the easements to be acquired, 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
not be incompatible with the use for which the
same is to be appropriated, to be exercised and
enjoyed in such manner as not to injure or to
interfere with the road track and structure 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 fo1
the operation Of It's railroad or the transaction
of its business by such other corporation, ex-
cept when the petitioning corporation shall
elect to cross any such property and tracks OF
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 its 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 sucl
crossing or connection shall be made SO as tc
effect the purpose of the petitloning corpora,
tion, and at the same time do the least injury
to the corporation whose property is taken.
Sec.4. That nothing herein contained, shal
be construed to abridge the rights conferred or
any railroad company by existing general laws
of this State, or of any special laws OF this
State.
Sec 5. This act shall take effect and be II
force from and after It's passage.
Approved March 6, 1879.
AN ACT relating to the st. Paul Il Duluth
railroad company and providing that the pro
vision of the general statutes relating Il
condemnation of property may apply to sale
corporation.
Be it enacted by the Legislature of the State O.
Minnesota
Section l. That the st. Paul & Duluth rail
road company, the successor to the Lake Su
perior & Mississippi railroad company, ma,
perfect the title to the right of way for til,
use of said company by paying all amount.
heretofore awarded for property for the pur
poses Of said line Of railroad, with interest, te
| the same effect as though such compensation
and damages had been paid by said Lake Su
perior & Mississippi railroad company; and all
| amounts awarded or adjudged for condemna
tion of property may be paid to the clerk OF
the court wherein said proceedings were or may
bedepending to be paid to the persons entitled
upon the order of the court, and to that enc
may prosecute all pending appeals in the name
of said Lake Superior Il Mississippi railroad
company or by leave of the court be substitut-
ed as q party to such proceedings on appeal
That said st. Paul & Duluth railroad company
may construct all necessary wharfs, slips
| tracks, water ways and other structures in the
Bay of Duluth (without interfering with the
navigation Of said bay) necessary or conven.
lent for the transaction of the business of said
| railroad and the shipments or transfer Of
freight and property transported or to be trans
ported over said railroad.
Sec. 2. That in lieu of the proceedings nov
| authorized by the charter of said Lake Superior
& Mississippi railroad company, and the several
acts amendatory thereof, the said st. Paul &
Duluth railroad company may acquire addi.
tional right of way and property necessary fo,
the use Of said company under the provisions
of sections thirteen to section 5thirty-two in
elusive, of title one of chapter thirty -four ga
Of the general statutes relating to corporations
as the same are amended by chapter So Of the
general laws of 1872, and said provisions shall
form part Of the charter of said St. Paul &
Duluth railroad company.
Sec. 8. This act to take effect and be II
force from and after its passage.
Approved February IA, 1879.
so
AN ACT to amend chapter LOG, of the laws o.
1877, entitled an act to authorize municipa
corporations to aid in the construction O.
railroads.
Be it enacted by the Legislature of the State o
Minnesota:
Section l. That said act be amended b,
| adding thereto the following section:
Section 16. Whenever any railroad compan,
| shall make a proposition to any county, town
incorporated city or village in this State ask
| ing such municipal corporation to issue it
bonds as a bonus to aid in the construction O
the railroad of such company, or offering to ex
change the mortgage bonds of such railroad
company for an equal amount of the municipa
bonds Of such municipal corporation to bt
used IN the construction of such railroad. i
such proposition shall be made in the form
! prescnbed in section four of this act for max
| ing the proposition therein provided for, ther
it shall be the duty of the proper authorities Of
such municipal corporation to entertain anC
act upon such proposition, and to submit th.
same to the electors of Sd = municipal corpora
ton in the same manner as they are directed
to entertain and act upon the other aforesaid
proposition hereinbefore provided for in this act
and to submit the same to the electors of such
municipal corporation.
And, when such proposition is submitted fol
the approval of the electors of such municipal
coIpOIaGAOu, II IL suaA1 Uc 6ppIoVeu Wy d Mdr
jority of said electors who shall vote upon such
proposition, then the proper authorities of said
mul icipal corporation shall issue the bonds of
such corporation to said railroad company in ac-
cordance with the provisions of this act, and
the conditions contained in such proposition.
Sec. 2. Section seven 90, of said chapter
one hundred and ak 1O6). of the general laws
of 1877 is hereby repealed.
Sec g. This act shall take effect and be in
force from and after its passage.
Approved March IL, 1879
81
AN ACT to repeal section seven (7) of chapter