Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1904-04-26
No RIGHT OF WAY
RAILROAD SAID TO HAVE
ABANDONED TRACK ALONG !
RIVER ON SOUTH SIDE.

Believed That Land Has Reverted To
Original oWners-Property May Be
Condemned For the Purpose of Max
ing River Improvements.
The Wabash Railroad Company has
abandoned its right of way extending |
along the bank of the. Des Moines
river in South Ottumwa and the prop
erty has reverted to the original own
ers, in the opinion of City Solicitor w.
H. G. Jaques, if the facts bear out the
representations of a number OF South
Side citizens that the company has not
run train over the track referred to
for several years. The opinion was
prepared by Mr.. Jaques at the request
of the South Ottumwa River Improve
menI association which wanted to de-
termine If the city had a right to con-
denim the land for the purpose of rip
trapping the river bank.
The Wabash company recently re-
of way. 1t was hoped by the citizens
of South Ottumwa that the company
would at least show a disposition to
run work trains along its track so that
the right of way could be filled in with
dirt and be ready for the riprap. If
the company refuses to do this the
work of filling in will be too expensive
for the city to undertake and it is ex-
pected that the right of way will be
condemned and the bank sloped off
in manner suitable to build the rip
rap. 1t is said that the right of way
was washed away to such an extent
that a train can not run over part of
the track.
Council Meeting Monday.
A special meeting of the city coun-
Gil has been called for Monday night
to consider the proposition of river
improvement in South Ottumwa. The
residents of this portion of the city
say that it is not the desire to build
the riprap so as to throw the water
to the north side. During the flood
Hast year the current of the river
threatened to cut through Church
street and it is to prevent catastrophe
of this kind, which would ruin the
property in South Ottumwa, that a
strong stone wall is desired so that
should the water overflow the South
Side again, there would be no danger
of the river changing it's course and
making channel through the most
valuable part of South Ottumwa.
1t is expected that at the meeting
|, Monday night steps will be taken to
order the improvements on the river.
It is thought, however, that. by increas-
ing the size of the street force the
work can be done better and cheaper,
, and in this way it would not be neces-
, sary to wait until the city was out OF
debt.
City Solicitors Opinion.
Following is the opinion of City So
licitor Jaques which he intended tC
read at the mass meeting of citizens
which was to have been held in South
, Ottumwa last evening, but which was
postponed until some action was taker
, by the city council:
, Honorable S. P. Hartman, Residents
) and Members of South OttumWa
!. River Improvement Association:
"Gentlemen:-On April Is you sen
me communication asking that in
vestigate the city's right to condemn
= the right of way or part of the RICH
\ of way of the Wabash railway compa
: ny adjoining the Des Moines river, thu
), same being necessary to properly rip
i rap the south bank from point wher'
the rip-rap now ends to point nea
!, old Richmond
6 Right of Eminent Domain.
answering your inquiry, have tn
e honor to report that through the kind
n ness of Hon. A. W. Buchanan, repre-
e sentative from this county, have bee
/ furnished copy of Senate File Nc
# 80, passed by the thirtieth general as
It sembly, which bill makes provision 70
O Strengthening, altering, widening an
o making such other improvements a
may be necessary to protect cite
e from damage by foods and providin
e for the levying Of taxes, issuing c
e bonds and certificates to defray the e,
If penses of same and giving cities tn
n right Of eminent domain.
,e This bill in section thereof, ha
ct the following provision: Said cite
l. may also purchase or condemn and al
le propriate so much private property g
may be necessary to carry into effec
the provisions OF THIS act ana the COS
thereof shall be included in and pal
as part of the cost of said improv
n ment.
Right to Condemn Land.
- ."Under this section the city wouI
H. have the undoubted right. if it adop
Ok the plan of improving the river provi
". ed for by that bill,to condemn SO mut
it private property as may be necessal
10 to make such leyee and rip-rap as
If deems expedient. The only questic
,fs between it and the Wabash railros
~. company would arise in this name
~ If the Wabash railroad company shou
y have continued to run and operate
trains over its right Of way that W;
acquired during the year of 1893. Il
initial step for the acquiring of viii,
was taken by proceedings to conden
lot the right of way, finally resulting
as making of deeds by most of the va
a uS Gus property owners, whose proper
'at was so taken. to the rail- nd compal
an for right of way fifty feet in widt
then the railroad company would