Year: 1868

| ShhtIFIS


AN ACT to enable Railroad corporations to
take and hold real estate for the purpose Of
constructing and maintaining dana and


reservoirs 10 hold and accumulate water u
supply engines, and for the purpose Of lay
ing down pipes to supply water for the use


OF engines used in operating such railroads.
Section 1. Be It enacted by the General
Assembly OF the State of Iowa, That any rail-
road corporation owning or operating, or that
may hereafter own or operate, any railroad
within this State, may, at such points as may
be deemed necessary by said corporation for
water stations, take and hold additional real
estate for the purpose Of erecting and con>
structing dams, and thereby forming reservoirs
to accumulate and hold water to supply the
engines used in operating such railroad
Provided, That the dwelling hcusc out house,
orchard, or garden Of the proprietor Of any
real estate so taken shall not be overiowed or
otherwise injuriously affected thereby. The
commissioners who may assess the damages
TO the owner, rs hereinafter provided, shac
state in their report whether the DWELLING
house, out house, orchard, Or garden Of thll
proprietor of any real estate 50 taken will be
overowcj, er otherwise injuriously affected
by the erection and maintaining of such dam.
The iana 50 taken shall at the option Of the
owner be set apart by such commissioners in
\ square or rectangular shape, II the owner
requests it, including all the ovsraowed land,
but shall not deprive the owner Of the land to
the [ofl access to and use, in common with
such company, Of the wate- in such stream on
his own land.


Sec g That any such railroad corporation
may lay down pipes through any land adjoia-
ing the track Of the railroad, and not TO q
greater distance than three fourths Of mile
| from such track, (unlcss by consent Of the
owner of the land through which the pipes


may pass beyond that distance, and maintain


and repair such pipes, and thereby conduct


water for the supply Of the engines of such


railroad from any running stream and such
corporation shall without unnecessary delay,


after laying down or repairing such pipes,


cover the same so as to restore the surface Of


the land through which they may pass to its


natural grade, and said corporation shall os


soon as practicable replace any fence that it


may be necessary 10 open in laying down OF
repairing such pipes, and the owner or the


land through which the same may be laid shall


have right to use the land, through which


such pipes pass, in any manner not to inter-


fere with such pipes; Procided, also, that said
pipes shall not be laid to any spring, nor be


used 80 as to injuriously withdraw the wster
from any farm.


Sec 3. That in this case under this act
where the owner Of any real estate shall re-
fuse to grant the right to construct such dam
and reservoir, or to lay down and maintain
such pipes, as the case may be, the damage
which such owner will sustain, by reason OF
the erecting Of said dam and reservoir, or by
reason of the laying down and maintaining
Of such pipes shall be assessed and paid in
the manner provided for assessing damages
in the act entitled Gan Act granting to rail-
road companies the right of way,' contained
in article 3 of Revision of 1860, and all the
provisions Of that act, in relation to the as
sessmcnt and payment Of damages and the
mode Of giving notice to non, residents, and
in other cases, shall be applicable 70 proceed
ings under this act, and either party shall
have the right to appeal from the assessment
of damages herein provided for in the manner
provided in that act contained in said article
5, and with the same effect; Iforided, That If
the commissioners so assessing damages shall
state in their report that the dwelling-house,
out house, orchard, or garden, Of the proprie~
tor of any real estate so taken will be over,
flowed or otherwise injuriously affected by the
erection and maintaining of said dam, then
said dam shall not be erected until it shall
have been otherwise determined on the trial
Of said appeal in the district court; and the
appeal above provided for shall carry with it
tuc QucStiUu WuSl1lcI tl1o NV 0AAAAS noODo, VUIS
house, orchard, or garden Of the proprietor Of
any real estate SO taken will thus be over
flowed, or otherwise injuriously affected, and
such question, as we'll as the amount Of dam
ages, shall be tried in the district court on
such appeal.


Sec 4. This act shall apply as we'll to dams
Of the kind above mentioned already in ex-
istenee, and to the Tightening of the same, as
to those hereafter to be erected; Provided, That
the provisions of this act shall not operate to
discontinue any suit brought for damages on
account of any dam until the railroad COM
pany for whose benefit the application is mado
shall deposit with the clerk sufficient money
to pay all costs including reasonable attorneys
fees incurred by the owner of the land in
bringing such suit


Sec. s. This act being deemed Of immediate
Importance shall take effect from and after it's
publication in the Iowa State Register and
Iowa Homestead, newspapers published at
Des Moines, Iowa. tas


Approved April 7th, 1865.


II