Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-20
RELATING TO RAILROADS.

AN ACT to authorize railroad companies OF
receivers thereof to determine the validity of
proceedings approDriating land for 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 or 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 or 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 ap-
peal from the award has been taken, may bring
an action against such person for the purpose
or determining the validity of such appoint
ments award and proceedings, or either, and in
such action the plaintiff may also allege that if
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 10 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-
fendants title, and if the finding is adverse to
the defendant, judgment shall be entered ae-
cordlngly. If, however, it shall be determined
that the defendant has an in crest in or title
TO such property, and that such proceedings are
invalid, the court shall SO find and shall also
determine and ind for the defendant the full
value OF his interest in the land so taken or at
tempted to be taken at the time of such find
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
nlAlntIff Itch
and provided, further, that Judgment adverse
to the defendants shall not preclude him from
his rights in any award made by the commits
sioners.
Section 8. Upon a 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
night, title and interest of the defendant in the
land in controversy be taken and appropriated
for the use of the railroad naming it by the
plaintiff (if the company is plaintifD or (if the
receiver is plaintifl 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 adj judged with interest costs
and disbursements, and that upon failure to 80
make such payment, the action be dismissed
The effect OF such payment shall be to vest in
the railroad company, if the company l. the
plaintiff, or in the receiver for the company if
the receiver is plaintiff, all the right, title and
interest of the defendant in the lands so 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.
Sec. 4. The plaintiff may at his option join
Is defendants all parties having any interest in
or 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 the owners of different tracts to
demand separate trials.
&c., B. The action given by this act shall in
oil 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 as 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
force from and after its passage.
Approved March H. 1879.