Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1882-04-06
The following is the act:
An Act
To amend sections GAS and 6447 of the
Revised Statutes of OhiO

To amend sections 64I5 and 6447 of the
Revised Statutes of Ohio.
SECTION |. BE Il teHdeted by the General
assembly OJthe State Of Ohio, That section
six thousand four hundred and forty-tive
of the revised statutes, passed June 20,
1879, entitled an act to revise and cOnsoli-
date the general statutes of Ohio, be so
amended as to read as follows:
Section GAS. Any railroad corporation
of this state may condemn and appropri-
ate to its own use the interest and case
ment in and quiet title to any unfinished
road-bed, or part thereof, lying within the
state, and on the line OF its proposed road
owned or claimed by any other railroad
company or companies, person or persons,
partn ership or corporation, when such
road-bed, or part thereof has remained, or
shall hereafter remain, in an unfinished
condition, and without having the ties and
iron placed. and continued thereon tor the
period of five years or more, Immediately
preceding the commencement of proceed
ings to condemn or appropriate the same
as herein authorized, and every such COM
pany, or companies, person or persons
partnership or corporation shall be made
party defendant to such proceedings tC
condemn or appropriate the same, and
shall be required to answer therein, set
ting forth fully its or their title to or in.
terest in such road or part thereof, sc
sought to be appropriated, or condemned
| if any, it or they may claim, to which
answer the plaintiff shall plead issuably
unless it admit the validity of the defend
ants claim; and in such case, if such
party defendant be nonresident of this
state, or a foreign corporation, service o.
summons may be made by publication
under subdivision three of section five
thousand and forty-eight of the revised
statutes of Ohio, and that the terms COM
pany OF companies, as used in this chap
ter, shall be held to embrace also person
persons, partnership or corporation as
used in this section.
SECTION 2. That section six thousand
four hundred and forty-seven of said act
| be so amended as to read as follows:
Section CAT. Proceedings under this
act may be commenced in the probate
court, the court of common pleas or the
superior court of any county in this state
in which such road-bed or part thereof sc
sought to be appropriated or condemned
may be situated all or part only of such
road-bed, within this state may be includ
ed in one proceeding, and when such
proceeding is commenced in the court O.
common pleas or superior court, the same
proceeding shall be had as is prescribed il
this chapter for the conduct OF the same ir
the probate court, so far as the same may
be applicable to such common pleas OF
superior court, and not excepted in this
section, and the case shall on motion be
taken out of it's order by the court or by
any reviewing court, and determined
without any unnecessary delay; and pro.
ceedings in error to such common pleas
or superior courts, may be commenced
directly in the supreme court, but the
provisions of this chapter as to viewers
shall not apply to appropriations author.
lied by such sections, and when any rail
road corporation shall commence proceed
ings under this act, the president of saiG
corporation shall make, subscribe and file
in the court where any such proceedings
is had, statement under oath, declaring
that it is the bona tide intention of sale
corporation to complete and operate 6
railroad on the road-bed so sought to bt
apprl priated; and if said corporation shall
for period of one year after it shall have
acquired right to occupy the road-bed, fai
to expend in and about the completion o
a railroad thereon a sum equal to twenty
five per ceutum of the total cost of com
pleting the same, to be estimated by the
commissioner of railroads and telegraphs
then and in such case the said road bee
shall be open to appropriation and con
demnation under this act by any othe
railroad corporation. The words road bee
used in this act shall be held to Include
right of way, depot grounds and othe
easements connected Herewith, and i
shall be sufficient IN the petition and pro
ceedings under this act to designate th
road-bed as the road-bed of the RAILROAD
corporation by which the route of the roaC
was located and established with tn
terminal points within which appropria
tion is sought.
SECTION 3. That said original section
6445 and 6447 be and the same are hereb
repealed.
SECTION 4. That this act take effect il
thirty days after it's passage.
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