Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1879-03-27

AN ACT to amend title one Of chapter thirty
four Of the general statutes relating to cor
porations empowered to take private prop
erty for public use.
lie 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 rs amended by section seventeen OF chap.
ter ftty-three of the session laws Of 1873 he
amended SO as to read a. follows:
Sec. II. At the time and place appointed for
hearing said petition, or at tho time and place
to which the proceedings may have been adj
journeu 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 rs hereinafter >cribcd, the court shall
proceed to hear and determine the same, Ill or
any Of the persons whose lands. property,
estates or interests arc 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 shalt
hear the proofs and allegations OF the parties;!
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 required and neces-
sary for the purposes OF such enterprise 1T
shall make an order to be recorded in the min
utes thereof appointing thrce competent. dis
interested persons, resident in said county,
cemmissio lers to ascertain and determine the
amount to be paid by such corporation to each
of such owners persons Interested
com ensa:ion for his or her damages ny rea-
son of the taking or injuriousy affecting any
such lands, property. estates or interests. and
specifying therein the time and place of the
first meeting of such commissioners and fixing
their compensation. And the court may also
in its 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 shalt not be incom-
patible with the use for which the land is
sought to be appropriated, such rights and priv
ileges to be exercised and enjoyed in suon MAN
ner ut all times "a not to lnjure or Interfere
with the railway track or structures or other
Improvement for which the land is to be ap
propriated OF the free and legitimate use If the
same for the purpose of such railway 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 1872 be
amended SO as to read as follows:
Sec. -. The said commissioners shall meet
at the time ami place appointed in the order
AMI severally take and su bscribe oath faith
fully and i.npartially to discharge he duties of
their appointments; any of them may issue
subppnas and administer oaths 10 witnesses;
nlajorltv OF them may adjourn the proceedings
before them from time to time IN their discre-
tiun; they snail view and examine the premises
described in the petition and proposed to be
appropria ed, and shall hear the proofs and
allegations of all persons interested, and they
or q 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 10 any person, COM
pany or corporation by reason OF the construc-
tior of such railroad or other Improvement,
and the taking lHjUrious.y affecting their
said land. property o. estate Tor the purpose of
such enterprise, and award the to the
owner or uwners or persons interested thereiL
respectively.
Sec. 3. That section twenty-nine of sail title
and chapter be amended 10y adding at the end
therenf The followiny:.
And if any railroad com pany organized under
this chapter shall elect in the location of any
part Of IT'S railroad to cross iutersect, join OF
unite its railroad with any other railroad OF
other company before con >truSte,l, at any point
Oh its route and upon the grounds of such other
railroad company, it shall have the right s" to
do, and it 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 he pre-
senred 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, prescrl be the location
and manner in which such crossing or connec-
ton shall be made 81 us to effect the purpose
of the petitloning 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.