Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1879-03-27
RELATING TO RAILROADS.


receivers thereof to determine the validity of
proceedings appropriating land fol- railroad
purposes and to make compensation for such
land.
Be it enacted by the Legislature of the State of
Minnesota
Section l. Whenever any person entitled to
compensation for lands heretofore taken or at
tempted to be taken for railroad purposes shall
refuse or neglect to receive from the proper
company OF the receiver thereof or otherwise
the compensation awarded therefor by commits
sloners acting or assuming to act in that behalf
upon the ground of the irregularity OF illegality
of the appointment of the commissioner or of
the award or of any of the proceedings or 9TH
erwlse, the railroad company interested in the
premises, or the receiver thereof where no an
peal from the award has been taken NAV bring
an action against such person for the purpose
OF determining tho validity of such appoint
ment, award and proceedings, or either, and in
the proceedings are held invalid, the plaintiff
10 ready and willing to pay to the defendant
full compensation for the land 80 taken or
sought to be taken TO the extent of the defend.
ants interested therein.
Sec. 2. IF the defendant In his answer
disputes the validity OF such proceedings, or of
such appointment or award. the court shall first
determine such issue and the nature of the de-
fendant's title, and if the finding is adverse to
the defendant, judgment shall be entered &C.
cordingly: If, however, it shall be determined
that the defendant has an in terest in or title
10 such property, and that such proceedings are
invalid, the court shall 40 find and shall also
determine and find for the defendant the full
value of his interest in the land SO taken or at
tempted tn be taken at the time of such find
ing. Provided, however, that on anv or all of
the issues raised, either party shall be entitled
to jury trial, and provided, further, that the
plaintiff cannot recover costs or disbursements
thopf hot s,,l~
to the defendants shall not preclude him from
his rights in any award made by the commits
soners.
Section 8. Upon finding or verdict in favor
Of the defendant, and determining the COM
pensation due him for the taking and use of
his land for railroad purposes, judgment shall
be entered in substance as follows: That all the
right, title and interest of the defendant in the
land in controversy be taken and appropriated
for the use of the railroad naming it bv the
plaintiff IT the company is plaintiff) or IF the
receiver is plaintif) by the plaintiff to the
use of and for the benefit of the company.
Upon the plaintiff paying to the defendant OF
into court for the benefit of the party entitled
thereto, within sixty days from the Judgment.
the compensation adjudged with interest, costs
and disbursements, and that upon failure to so
make such payment, the action be dismissed.
The effect OF such payment shall be to vest in
the railroad company. if the company ia the
the receiver is plaintiff, all the right, title and
interest of the defendant in the lands 80 taken
to the same use which the company could &C
quire by condemnation under their charter or
the general laws of this State, and the court
may enter an order or final judgment to that
effect when such payment is made.
Bee: 4. The plaintiff may at his option ioin
~ defendant. all parties having any interest in
OF lien upon the property or making any claim
thereto, and may also in the same complaint
include two or more tracts of land owned or
claimed BY different parties, with the right,
however, of tho owners Of different tracts to
demand separate t:iaIs.
seo. s. The action given by this act shall in
~ respects except as herein otherwise provided,
be governed by the same rules of practice and
procedure Is to service of summons, new tri-
as appeals or otherwise as other actions
brought to determine conflicting claims to real
property under the laws of this State
Bee. s. This act shall take effect and be in
force from and after it's passage.
Approved March IL, 1879.