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

AN ACT to authorize railroad companies to ex-
ercise the right of eminent domain in certain
cases in this State.
Be it enacted by the Legislature of the State of
i Minnesota:
Section l. That any railroad company now
existing under the laws of Minnesota, or which
has authority under the laws of this State to
build and operate railroad within this State,
and any railroad companies which may hcreaf-
ter be organized under the general laws Of this
State, shall have power to acquire by purchase
or condemnation, all necessary roadways, spur
and sidetracka, rights of way, depot grounds,
yards, grounds for machine shops, warehouses,
elevators, depots, station houses and all other
structures that may be necessary or convenient
for the full enjoyment, use and operation of its
road, and may purchase. erect and maintain,
and operate all such machine shops, warehouses,
elevators, depots, station houses and other
structures as may he necessary or convenient
for the use, operation, aud enjoyment of the
road, and may make with any railroad COM
pany, such arrangements for tho of any
portion of its tracks and road beds rs it may
deem necessary; and may, wherever and when-
ever it may be or become necessary for carry
ing out the purposes of such corporation. enter
upon and cross over or under the tracks and
road beds Of any other railroad corporation or
company for the purpose of etfecting crossing
upon. over OF under the same or a connection
with the same. and may enter upon, across,
other railroad corporations, streets and high
ways, with its own tracks, upon paying just
compensation to the person " corporation in
jured thereby.
Sec. g That the power to condemn hereby
granted, shall embrace all roadways, spur and
eide tracks. rights Of way, railroad crossings,
depot grounds, yards, grounds for machine
shops, warehouses, elevators. station houses,
water tanks, and all other buildings aud struc-
lures, rights privileges and easements necessary
to the construction, necessary or convenient
to the operation of any of said railroads; also,
al lands, rights privileges and easements that
are or may become necessary or convenient to
the full enjoyment, use, maintenance and ope-
ration of any Of said railroads.
Sec. 3. That the condem nation proceedings
hereby authorized. shall be instituted by said
company and conducted in the sumo manner,
~ other similar proceedings are or may hereaf,
ter be instituted and conducted by railroad
companies in this State under the general laws,
except that the court in its discretion in and
by the order of appointing commissioners, may
limit the easements to be acquired, by reserr-
ing to the owner Of the property over which
the right of way is sought 70 be obtained such
rights and privileges in and to the same as shall
mot be incompatible with the use for which the
Same is to be appropriated, to be exercised and
enjoyed in such manner Us not to in nre 0c to
interfere with the road track and structure of
such railway company, or the free and legiti-
mate use OF the same lot railway purposes.
Provided, that nothing in this act cont; iuca,
shall be construed as authorizicg empower
ing said railroad company or any Of them, to
condemn, appropriate or use any lands, proper
ty rights or franchises OF any other railroad
corporation, occupied CT in use Or necessary for
the operation of its railroad or the transaction
of its business by such other corporation, cx-
cept when the petitioning corporation shall
elect to cross any such property and tracks or
either by its tracks and III such case the cor
poratlon electins to cross any such property
and tracks, or either. may the same,
either over, under or at grade, aud then only by
the construction lf its tracks across the same.
And in case where such election shall be Made,
the district court to which the petition shall be
presented, shall at the time of tie appointment
Of the commissioners, upon the request Ut
either party and upon such showing as the
court may deem necessary and pr" per. prescribe
the location and the manner in which such
crossing or connection shall be made SO as to
effect the purpose Of the petitloning corpors-
ton, end at the same time do the least injury
to the corporation whose property is taken.
Sec. 4. That nothing herein contained, shall
be construed to abridgc the rights conferred on
any railroad company by existing general laws
Of this State, of any special laws of this
State.
Sec 5. This act shall take effect and be in
force from and after Its passage.
Approved March 6, 1879.