Year: 1879

AN ACT to amend title one Of chapter thirty


four of the general statutes relating to COR


porations empowered to take private prop


erty for public use.


Be it enacted by the Legislature OF the State of


Minnesota:


Section l. That section seventeen of title
one of chapter thirty-four of the general stat
utes as amended by section seventeen of ohap-
ter ffty-three of the session laws of 1872 be
amended SO as to read as follows:


Sec. II. At the time and place appointed for
hearing said petition, or at the time and place
to which the proceedings may have been adj
journed as provided in the preceding section,
upon the presentation of such petition with
satisfactory proof that all parties therein
named have been duly served with the said
notice as hereinafter prescribed, the court shall
proceed to hear and determine the same, all or
any OF the persons whose lands, property,
estates or interests are to be affected by the
proceedings may show cause against granting
the prayer of the petition and may disprove
any of the facts alleged in it, the court shall
hear the proofs and allegations of the parties;
and if the court shall be satisfied that the pub
lie interests require the prosecution of such
enterprise, and that the lands or real estate
proposed to be taken are required and neces-
sary for the purposes of such enterprise, it
shall make an order to be recorded in the min
utes thereof appointing three competent, dis
| interested persons, resident in said county,
commissioners to ascertain and determine the
amount to be paid by such corporation to each
of such owners or persons interested
as compensation for his or her damages by rea-
son of the taking or injuriously affecting any
such lands, property, estates or interests. and
specifying therein the time and place Of the
| first meeting of such commissioners and fixing
| their compensation. And the court may also
in its discretion, in and by said order, limit the
easement to be quired, by reservlng to the land
| owner such rights and privileges therein and tc
| be defined in such order as shall not be incom
patible with the use for which the land il
| sought to be appropriated, such rights and priv
| ileges to be exercised and enjoyed in such man.
ner at all times not to injure or interfere
with the railway track or structures or Othel
| improvement for which the land is to be ap
propriated or the free and legitimate use Of the
same for the purpose of such railway or othel
enterprise.


| Sec 2. That section nineteen of said title
and chapter as amended by section six of chap
| ter fifty three of the session laws of 1872 bt
| amended SO as to read as follows:


| Sec. 10. The said commissioners shall NEE
at the time and place appointed in the crde
and severally take and subscribe an oath faith
fully and impartially to discharge the duties O


their appointment; any Of them may issu'
subponas and administer oaths to Witnesses;
! ma ajority Of them may adjourn the proceeding
| before them from time to time in their discre


ton; they shall view and examine the premise
| described in the petition and proposed to b.
| appropriately, and shall hear the proofs ant


allegations Of all persons interested, and the,
or majority of them all being present shall


without any unnecessary delay. proceed t. t
make in each case separate assessment OF tn
damages which will result to any person, com
pany or corporation by reason of the construc
tion Of such railroad or other improvement
and the taking or injuriously affecting thei


said land, property or estate for the purpose o
such enterprise, and award the same to tn


owner or owners or persons interested therell
respectively.


Sec. 3. That section twenty nine of said it'll


and chapter be amended by adding at the en'


thereof the following:


And if any railroad company organized unde


this chapter shall elect, in the location of an
part Of its railroad to cross, intersect, join Q


unite its railroad with any other railroad OF an
| other company before constructed at any pOln


on its route and upon the grounds of such othe


railroad company, it shall have the right SO t
do, and if the two corporations cannot agre


upon the amount of compensation to be mad
therefor, the same shall be ascertained and dc


termined by commissioners to be appointed b


the court, as herein provided, for the appropri


alton of the property of individuals; and


the two corporations cannot agree as to th
points and manner of such crossings, the dis


trict court to which the petition shall be pre-


sentcd shall, at the time of the appointment Q


commissioners, upon the request of either part


and upon such showing as the court shall deer
nesessary and proper, prescribe the lecatio


and manner in which such crossing or connet
tion shall be made so as to effect the purpos


Of the petitioning corporation and at the sam


time do the least injury to the corporatio


whose property is taken.


Sec. 4. This act shall take effect and be i


force from and after it's passage


Approved March II; 1879.