The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1881-02-10

| sioner, the railroad company NAV
still take the propertyssoucht to- be
condemned, after depositing with
| the clerk of the county court such
! amount of money as the OWNER Of
the properly. his agent, or legal
representatives, may. BY affidavit in
writing. deposited with the said
clerk klaim~- in has judy
Inent will be necessary 10 cover
the amount of damages that vs. ouid
be sustained: if both parties be dis
satisfied with the award, the proper
" sought TO be condemned may be
taken BY The railway company. on
depositing the amount claimed in
said affidavit: bur in no event shalf
the property owner have his claims
for higher damages than. are allow
ed by the award of the commission
ers tried in the county court. until
he first files the affidavit provided
Tor in this section. And the pro-
perry owner may have possession of
the amount of the award pending
the, appeal, by giving bond in the
amount of the deposit. with two or
more sureties, to be approved by
the county court, payable to the
railroad, conditioned that he will
abide by the decision of the court.
Sec. >. WHEREAS, Railroads are
being hindered in their construc-
ton for the want of this law, an
emergency exists which requires
this act TO take effect from and after
its passage. and il is so enacted.
COMMITTEE ROOM,
AUSTIN, January 81, 1881.
Hon. l.. j. Storey, President of the Sem
ate:
Your Judiciary Committee to
whom was referred Senate bill No.
l6. shaving for its object to change
the present mode of condemning
private property for the benefit of
the railroads, have considered the
same, and instructed me to report
the bill back, with the accompanying
substitute, and to recommend that
the substitute do pass. d.
The objection to the original bill
is, that it provides that railroad
may proceed with its construction,
pending appeal, by depositing the
amount of the award of the commits
sicners, or giving bond in double
the amount to abide the final judg-
ment.
The Constitution, article |. section
u. requires adequate compensation
for private property taken for pub
lie use, to be paid or secured by
deposit of money, before the pro-
perry is taken. What adequate
compensation may be, can only be
determined by final Judgment IN
case of controversy, and it might be
much in excess of the amount de-
posted under the award as contem-
plated by the original bill. To per-
nit the road TO proceed it's con-
struction work and take the proper
ty under such circumstances, would
be violation of the constitutional
provision requiring adequate COM
pensatiOn TO be first paid or secured.
The substitute permits the con-
struction work tOprOceed, pending
an appeal, if the appeal be taken by
the railroad, bydepositing the amour
of the award of the commissioners;
for the property owner asserting to
the judgment, it might, in that case,
be safely assumed that the cOmpen.
sation allowed by the award was at
least adequate.
~ II further provides that, if the APP
peal be taken by the property
owner, the construction work may
still proceed, on the railroad, max
ing deposit with the county clerk,
of the amount which the property
owner, his agent or his legal repre-
sentative, may, under affidavit Ito be
filed among the papers in the cause),
claim he will be damaged by the
taking of his property; such amount,
it may be safely assumed, would
also secure adequate compensation.
9 .. TERRELL, Chairman.
Bill read first time. "a '-''. .i