Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1879-03-27
45

four of the general statutes relating to cor
porations empowered to take private prop
erty for public use. .%, .
Be it enacted by the Legislature of the State of
Minnesota. - ..,- -.
Section l. That section seventeen of title
one of chapter thirty-four of the general stat
utes as amended by section seventeen of chap
ter ffty-three of the session laws of 1879 be
amended so as to read as follows:
Sec. IL. At the time and place appointed for
hearing said petition, or at the time and place
to which the proceedings may have been adj
journed as provided in the preceding section,
upon the presentation of such petition with
satisfactory proof that all parties therein
named have been duly served with the said
notice Is hereinafter prescribed, the court shall
any of tho persons whose lands, property,
estates or interests are to be affected by the
proceedings may show cause against granting
the prayer Of the petition and may disprove
any of the facts alleged in it, the court shall
hear the proofs and allegations of the parties l
and if the court shall be Satisfied that the pub
lie interests require the prosecution of such
enterprise, and that the lands or real estate
proposed to be taken are required and neces7
sary for tho purposes of such enterprise, i'll
shall mako an order to be recorded in the min
utes thereof appointing three competent, dis
interested persons, resident in said county,
commissioners to ascertain and determine the
OF such owners or persons interested
"a compensation for his or her damages by rea-
son of the taking or I'M uriously affecting any
such lands property, estates or interests, and
specifying therein the time and place of the
first meeting of such com missioners and fixing
their compensation. And the court may also
in it's discretion in and by said order, limit the
easement to be required by reserving to the land
owner such rights and privileges therein and to
be defined in such order as shall not be incom-
patible with the use for which the land is
sought to be appropriated, such rights and priv
leges to be exercised and enjoyed in such man
ner at all times not to injure or interfere
with the railway track or structures or other
improvement for which the land is to be ap-
propriated Or the free and legitimate use IF the
same for the purpose of such railway or other
enterprise. /;
Sec. 2. That section nineteen of said title
and chapter as amended by section six of chap
ter fifty three of the session laws of 1879 be
amended 80 as to read as follows:
Sec. 10. The said commissioners shall meet
at tho time and place appointed in the order
and severally take and subscribe an oath faith
fully and impartially to discharge the duties of
their appointment; any of them may issue
subpenas and administer oaths to witnesses;
majority of them may adjourn the proceedings
before them from time to time in their discre-
ton; they shall view and examine the premises
described in the petition and proposed to be
appropriat ed and shall hear the proofs and
allegations of all persons interested, and they
or majority of them all being present shall,
without any unnecessary delay, proceed to
make in each case separate assessment of the
damages which will result to any person, COM
pany or corporation by reason of the construc-
ton of such railroad or other Improvement,
and the taking or injuriously affecting thei,
said land, property or estate for the purpose of
such enterprise, and award the same to the
owner or owners or persons interested therein
respectively.
and chapter be amended by adding at the end
thereof the following:
And if any railroad company organized under
this chapter shall elect in the location of any
part OF its railroad to cross intersect, join OF
unite its railroad with any other railroad of an
other company before constructed, at any point
on its route and upon the grounds of such other
railroad company, it shall have the right So to
do, and if the two corporations cannot agree
upon the amount of compensation to be made
therefor, the same shall be ascertained and de-
termined by commissioners to be appointed by
the court, as herein provided, for the appropri-
alton Of the property of Individuals; and if
the two corporations cannot agree as to the
points and manner of such crossings, the dis
trict court to which the petition shall be pre-
sented SHALL at the time of the appointment of
commissioners, upon the request of either party
and upon such showing as the court shall deem
necessary and proper, prescribe the location
and manner in which such crossing or connec-
ton shall be made as to effect the purpose
of the petitioning corporation and at the same
time do the least injury to the corporation
whose property is taken. |
Sec. 4. This act shall take effect and be in
force from and after it's passage.
Approved March II, 1879.