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

RELATING TO RAILROADS.
AZ
AN ACT TO authorize railroad companies O,
receivers thereof TO determine the validity ot
prorercluGs approDr!ating land fc, railroad
purposes and to make compensation for such
Be It enacted by the Legislature of the State of
Minnesota:
Section l. Whenever any i,erso. 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 or the receiver thereof or otherwise
the mpeusatlon awarded therefor by commits
Rloners acting or assuming to act in that behalf
upon the ground of the irregularity or illegality
ct the appointment of the commissioner or Of
che award or Of any of the proceedings or 9th
erwlse, the railroad company interested in the
premis IS, or the receiver thereof where no ap.
peal from the award has been taken. may bring
an action against such person for the purpose
OF determining the validity of such appoint
mont award and proceedings. or either, and in
suCh action the plaintiff may also allege that il
the proceedings are held invalid. the plaintiff
is ready and willing to pay to the defendant
full compensation for the land SO taken or
sought to be taken to he extent of the defend
ants interested therein.
Sec. 2. 1t 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-
PENDANTS title, and if the finding is adverse to
the defendant, judgment SHALL be entered &C.
eordingly. If, however, it shall be determined
that tte defendant has an IN crest in or title
10 such prop rty. and that such proceedings are
invalid, tn court shall so find and shall also
determine and fad for the defendant the full
value of his interest in the land 90 taken or at
IA ,tH<{t ho %ar nt hn% Cd
ing. Provided, however, that on any 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
and provided, further, that judgment adverse
20 the defendants shall not preclude him from
his rights in any award mad b. the commits
1oners.
Section 3. Upon finding or verdict in favor
Of the defen ian, and deserminin. the COM
pensation due him for the taking and use Of
his land for railroad purposes, judgment shall
be entered in substance "a follows: That all the
right, title and interest of the defendant in The
land in controversy be taken and appropra ed
for the use of the railroad naming it by the
plaintiff (if the pany is plainti1f) or If the
receiver is plaintiffl by the plaintiff to the
use of and for the benefit Of the com p.ny.
Upon the plaintiff paying to the defendant or
into court for the benefit of the party entitled
thereto, within sixty days from the Judgment,
tne compensation aOJudGed with Interest, coats
and disbursements, aud 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 i th.
plaintiff. or in the receiver for the company il
the receiver is plaintiff, all the right, title an!
interest of the defendant in the lands 80 take1.
to the same which the company could ac-
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.
Dec. 4. The plaintiff may at his option Join
- defendants all parties having any interest in
or lien upon the property or making any claim
thereto, and may also in the sane complaint
include two or more tracts of land owned or
claimed by different parties. with the right.
however, of the owners Of different tracts to
demand separate ials.
Sec. s. The action given by this act shall in
Ill respects except as herein otherwise provided,
be governed by the same rules of practice and
procedure as to service of summons, new tri-
AIS, appeals or otherwise other actions
brought to determine conflicting claims to real
property under the laws of this State.
Sec. 6. This act shall take effect and be in
forco from and after it's passage.
Approved March II, 1879.
An ACT to facilitate the operation and con-
skuotion of the Northern Pacific railroad.
De 1t enacted BY the Legislature of the State of
Section /. The Northern Pacific railroad
company shall have the right and authority
ender and pursuant to the general laws of this
Stste, - set forth in sections numbered thirteen,
eourteen, fifteen, sixteen, seventeen, nineteen,
6wenty, twenty-one twenty-five, twenty-three,
tWenty five, twenty six, twenty-seven, twenty
tight, twenty-nine, thirty and thirty Of IT,
70 ono az Of chapter thirty-fouE (s4), of the
general statutes (revision of 1865, a. amended
~ chapter IS of the general laws of A. D. 1872,
b condemn for public use, and to acquire and
bold Ill the real estate and property that are or
nay be needed by said company for right of
1ay, depot grounds, engine houses, machine
hops and for all other purposes for which such
Peal estate or property il or may be nes:led by
MD company, in the operation or construction
Pc any line or lines of railroad, including not
pnly al lines of railroad that have been or may
Dc constructed or acquired by said company,
but also al other lines of railroad that now are
y may hereafter be operated, either entirely OF
h part by said company under any lease, con-
Paly and any other party or parties.
Sec. z. This act is hereby declared to be q
publio act, and shall take effect and be in force
krom and after its passage.
Approved February IA, 1879.
a
ANACT defining equal rights to railroads Of
: different gauges.
Be it enacted by the Legislature of the State of
Minnesota:
Section I. That when the words RAILROAD
Or railroads is used in any general special
law of this State, the same shall be deemed to
apply alike to all railroads, without reference
10 the gauge thereof.
I &c., 2. This act shall take effect and be in
force from and after its passage.
Approved March 8. 1879.