The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-07
ITS RIGHT OF WAY
Topeka Southwestern Takes
Steps to Get One.
Applies to Court for a Con-
demnation Commission.
DANA TAKES ACTION.
Names G. Il. Jewell, Ed Euck-
Names G. Il. Jewell, Ed Buck
man and VIM. Henderson.
They Will Fix Value of Pro-
perty i'm Dispute.

On an application made by the To-
peka-Southwestern Railway company,
Judge A. w. Dana of the district court
has appointed C. e. Jewell, Ed Buck
man and William Henderson to serve
as commission to condemn lands for
right of way for the Topeka-South-
western Railway company. Under the
right of eminent domain, railroad COM
panies can condemn through land for
railroad purposes by making an ap-
pllcation to the district court. The
judge of the court then appoints a
commission composed of three free
holders of the county who view the
various tracts of land along the route
of the railway. This commission then
makes the appraisemen and reports
to the county clerk. The railroad COM
pany deposits the respective amounts
ahead and takes poss ession of the land.
1t is necessary for the railway COM
pany to file a map showing the location
of their line in the county. This the
oDeka-SouthweStern Railway COM
pany has done and the condemnation
proceedings will cover the route in
Dictated on the map filed by the COM
pany with the county clerk. The point
of beginning specified in the applica-
ton for this commission filed by the
railway company is designated at the
southeast corner of section two CD,
township twelve G2), range fifteen
(15). This is the quarter section gem
orally known as the College Hill addi-
ton. The line runs west from that
point through Seabrook into the Sims
pasture, south of Mount Hope cerne-
terry. 1t then turns to the southwest in
the direction of Dover.
When Mr.. Taylor, president of the
Topeka-Southwestern, was seen this
over the phone the names of the COM
missioners appointed by Judge Dana.
I see no reason why we sh ould not be
satisfied with the commission the court
has appointed. This is a straight out
business proposition with US. We ex-
pect to pay what the right of way is
worth and when we can not get to-
gether with the land holders we will
abide by what the commission awards.
Our right of way department has been
working for the past two months &C
curing right of way in Topeka and
Mission townships, and right where we
want to go to work first Is the point
that is causing us the most trouble.
was in hopes that we would not have
to have any condemnation proceedings
at all. but we are spending money re-
ceived from the bond sales made to our
be against the rules of economy we
have been practicfng to go out there
and pay these people an unreasonable
price for right of way through their
Lamprecht Brothers & Co. that we
would furnish the right of way from
the west line of the city limits of To-
peka to the west line of Mission town
ship and we are buying this right of
way from the proceeds of bonds sold
our local people and while the bonds
are perfectly good and worth one hum
dred cents on the dollar to the pur-
chaser, we don't propose to waste the
m honey that the business men are put
ting up for them, and I believe that 1t
will be better for all concerned to ac-
quire this property by condemnation |