Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-03-21
No. g..

An Act Providing for the Erection of Public
Grain Warehouses and Elevators, on the Right
of Way of Railroad Corporations and Contigu-
Proceedings in Connection Herewith.
Be it Enacted by the Legislative Assembly of the
State of North Dakota:
SECTION l. Any two or more persons,
corporation o. association, who have or
shall, by articles of agreement in writing,
associated themselves together under any
name assumed by them, for the purpose of
operating a warehouse or elevator by and
for the purchase, storage and shipping of
wheat or ct other gratn within TINS state,
railroad company or corporation Or
ganized under the laws of this
state, or doing business there
in, to be permitted to construct, to main
tain and operate a warehouse or elevator
at any of its regular way stations upon its
right of way, to be used for the purpose
aforesaid, and the railroad company or cor
poration so applied to shall grant such ap-
plication, without regard to the capacity
of such elevator or warehouse and with
out discrimination as to persons, and in
the order in which such applications shall
be presented.
SEC. 2. All elevators or warehouses
shall be kept open for the transaction Of
business during such portion of the year
as may be required by the statutes of the
state, or the board of railroad commission
ers. The associations or corporations
which shall avail themselves of the bene-
fits or privileges of this section are declared
to be public corporations, subject to legis-
and in all particulars in which rights or
powers are conferred upon them by this
act. Before the application hereinbefore
mentioned need be granted by any railroad
company or corporation, the association
making the same shall pay or secure to
such railroad company or corporation such
compensation for the right, privilege or
may be agreed upon between the parties
as a just and reasonable yearly rental
therefor, or a fixed or certain amount to
be paid in one sum in lieu of a rental to be
paid annually for the use and occupation
Of the site occupied by such warehouse or
elevator and the uses and priy yd
p 1sStS '0nf fail to a1e'e" agree II up 5ne
such yearly rental, or upon a lump sum to
be paid in lieu thereof, the same may be
determined and assessed upon petition to
the district court for the district in which
the station, at which the warehouse
or elevator is located ma may be
visions OF the statute for the condemnation
of private property for public uses. All
notices to be served upon the railroad CON-
pany or corporation in the initiation OF
such condemnation proceeding or during
the progress thereof may be served in
manner provided by the laws of this state
for the service upon such corporations Of
Provided, That either party shall have the
right to appeal from the decisions of the
commissioners to the district court for the
district aforesaid within twenty days from
the filing of the same and service of notice OF
the filing of such decision; and such appeal
shall be taken, and heard and determined
in like manner as appeals from the report
of the commissioners for c%ondemning lands
for the use of railroad corpora
ions, as far as the same may be appli-
cable; Provided, further, That in
case of condemnation proceedings the COM
missioners shall fiud, determine and return
both the rental to be paid annually and a
alton making the application Shall prefer
to pay the annual rental so found by the
commissioners or by the jury IN appeal, in
lieu of the lump sum found by them as
aforesaid. the same shall be paid annually
in advance. and in default thereof the
warehouse or elevator shall not be erected,
or if erected shall be moved in thirty days
aftt r notice from the railroad company or
corporation, and on default to so remove
the same it shall be forfeited to said COM
pany or corporation.
SEC. 3. Every railroad company or cor
pOration organized under the laws Of this
state, or doing bushes therein, shall upon
application in writing, provide reasonable
side track facilities and running onnec-
tiOns between its main track and elevators
and warehouses upon or contiguous to its
right Of way at such stations; and every
such railroad corporation shall permit con-
nectiOns to be made and maintained in a
reasonable manner with its side tracks to
and from any warehouse or elevator, with
out reference to its size, cost or capacity,
where grain is or may be stored; Provided,
That this shall not be so construed as to re-
Quire any railroad company to construct or
furnish any side tracks off its " land or
right of way; Provided, further, however,
That such elevators and warehouses shall
not be constructed within one hundred feet
of any existing structure and shall be at
safe fire distance from the station buildings
and so as ;nOt to essentially conflict with
the safe and convenient operation of the
road; and that where stations are ten
miles or more apart the railroad company.
when required to do so by the railroad
commissioners, shall construct and main
tain a side track for the use of shippers be-
tween such stations.
Sec. 4. Individual persons shall have
the same rights and privileges under the
provisions Of this act as associated persons,
CORPORATIONS and associations,