shall remain a private way for the use of the owner of the land cut off as aforesaid, and the city or town in which it is situated shall not be liable for its maintenance nor responsible for its defects. For the purposes of this section, lands may be acquired in the manner provided by law for the taking of land by railroad companies. No § 3686. Layout through cemetery restricted. company shall lay out or locate its road, or any part thereof, through any cemetery or any approach in common use from the highway thereto, and within one-quarter of a mile thereof, unless the railroad commissioners, when called upon to approve the proposed layout of such road, shall find that such cemetery, or the approach thereto, was located for the purpose of obstructing such layout, or unless said commissioners shall unanimously approve such layout or location. 1881. Rev. 1888, §3463. 1874. § 3687. Land how taken; damages. When any com- 1849, 1863, 1871, pany shall have the right to take real estate for railroad pur- Rev. 1888, §3464. poses, and cannot obtain it by agreement with the parties interested therein, it may apply to any judge of the superior court for the appointment of appraisers to estimate all damages that may arise to any person from the taking and occupation of such real estate for railroad purposes, and after reasonable notice of said application shall have been given to all parties in interest, such judge shall appoint three appraisers, who shall be sworn, and give reasonable notice to said parties in regard to the time and place of making such estimate, and shall view the premises and estimate such damages, but shall not include in § 3687. The appraisal does not establish a collectible or taxable debt until the sixty days have expired. 41 C. 210. The appraisal should include all damage that may arise from the taking or occupation. 66 C. 225. Quantity of land taken should be determined before assessment of damages, but not necessarily before appointment of appraisers. 13 C. 117; 13 C. 406. Grant of power of eminent domain to private corporations to be construed strictly; incidental injuries to property, which do not constitute a taking, may be basis for damages. 21 C. 294. Company does not acquire such an interest in land as to prevent adjoining owner from crossing. 23 C. 110. Location of steam railroad on highway an imposition of new servitude. 26 C. 259. Right of mortgagee in damages awarded is not recognized by the statute which regulates the proceedings. 52 C. 283. Damage for taking not to include incidental injury caused by railroad to other disconnected land of same owner. 61 C. 451. Inability of parties to agree is a question of fact for court to determine before appraisers are appointed. 69 C. 424. Landowner cannot raise question of constitutionality of act apportioning payment of damages between company and city. 72 C. 481. R. R.C 1889, ch. 149. 1889, ch. 170. such estimate the expense of erecting and maintaining fences along the line of such railroad. Such appraisers shall return an appraisal of such damages in writing, under their hands, to the clerk of the superior court in the county where the estate lies, who shall record it; and when so returned and recorded, such appraisal shall have the effect of a judgment, and execution may issue at the end of sixty days from the time of such return, in favor of the persons respectively to whom damages may be appraised; and such appraisers shall be paid by such company for the time actually spent in making such appraisal and return. No railroad shall be worked upon, or opened across, any real estate, until the damages appraised to any person interested therein shall have been paid or secured to his satisfaction, or deposited for his use with the treasurer of the county. § 3688. Land within location. Any company, owning a railroad which has been constructed and is being operated over land to which it has not acquired title, may take such land within the limits of its location, at any time within two years after the approval of such location by the commissioners, by proceedings under § 3687. § 3689. Land in highway or private way. Whenever such company shall have acquired the right to take any land used for a public highway or a private way, it shall, before taking possession of the same, apply to a judge of the superior court, as provided in § 3687, for the appointment of appraisers to ascertain all damages that may arise to any person in consequence of such taking. The appraisers so appointed shall be sworn, and shall give notice of the time and place of their meeting by posting on the signpost of the town where the highway or private way is situated, and also by advertising once a week for four consecutive weeks in a newspaper published in said town, or if no newspaper is published in said town, then in a newspaper published in the county. They shall also give reasonable notice, in writing, to the persons owning the land occupied by the highway or private way. At the meeting of the appraisers, any person claiming that he will be damaged by the taking and occupation of such highway or private way shall be heard, whether he is the owner of the land or not; and the appraisers shall award such damages as may seem to them just and reasonable. Further proceedings in connection with the condemnation of such land shall be as prescribed by § 3687. § 3690. Abandonment of road; damages. When any land shall have been taken for railroad purposes and the damages shall have been appraised, and such road, or any part thereof, shall have been abandoned or discontinued before the same has been opened and worked, no execution shall issue, nor shall an action for the recovery of such damages be brought against the company which took such land, by any of the owners of land over which such road or part of a road shall have been laid out and discontinued as aforesaid; but any such owner may recover of such company the actual damage which he may have suffered in consequence of such taking, or for any unreasonable delay in opening and working such road. 1858. Rev. 1888, $3465. § 3691. Owner may require description of land. Rev. 183487. When any company shall take any property for the purpose of its railroad, the owner of such property may at any time within three years thereafter demand in writing of the treasurer of the company a written description of the property so taken, and such company shall within thirty days deliver to him such description; and if it fail to do so, all its rights to enter upon or use such property, except for making surveys, shall be suspended until it shall have delivered such description. § 3692. Plan of road to be deposited with town clerk. Within ninety days after the railroad of any company shall have been laid out in any town and approved by the commissioners, such company shall deposit with the town clerk a correct plan, signed by its president, of so much of such railroad as lies in such town, drawn on a scale of at least five inches to the mile, upon which shall be accurately delineated the direction and length of each course and the width of the land taken. 1849. Rev. 1888, §3468. 1849. 1888, § 3693. Statement filed with secretary of state. Rev. 18 $3469. Every company shall, within six months after the final location of its road, file with the secretary of state a statement of such location, defining the courses and distances. § 3694. Condemnation of corporate stock. In case 1895, ch. 232, §1. any railroad company acting under the authority of the laws of this state shall have acquired more than three-fourths of the capital stock of any steamboat, ferry, bridge, wharf, or railroad corporation, and cannot agree with the holders of outstanding stock for the purchase of the same, such railroad company may, 1895, ch. 232, §2. 1870. Rev. 1888. 3470. 1893, ch. 193. 1882, 1883. Rev. 1888, §3471. 1889, ch. 92. upon a finding by a judge of the superior court that such purchase will be for the public interest, cause such outstanding stock to be appraised in accordance with the provisions of § 3687. When the amount of such appraisal shall have been paid or deposited as provided in said section, the stockholder or stockholders whose stock shall have been so appraised shall cease to have any interest therein, and on demand shall surrender all certificates for such stock, with duly executed powers of attorney for transfer thereon, to the corporation applying for such appraisal. § 3695. Stockholder may begin proceedings. If any person holding a minority of the shares of stock in any corporation referred to in § 3694 cannot agree with the railroad company owning three-fourths of such stock for the purchase of his shares, he may cause the same to be appraised in accordance with the provisions of § 3687. When such appraisal has been made and recorded in the office of the clerk of the superior court of any county where such railroad company operates a railroad, and the certificates for such stock, with duly executed powers of attorney for transfer thereon, have been deposited with such clerk for such railroad company, such appraisal shall have the effect of a judgment against such company and in favor of the holder of such stock, and at the end of sixty days, unless such judgment is paid, execution may be issued. § 3696. Security from contractors for labor; liability of company. Every company, in making contracts for the building of its road, shall require sufficient security from the contractors for the payment for all labor thereafter to be performed in constructing the road by persons in their employ; and the company shall be liable to the laborers employed for labor actually performed on the road, if, within twenty days after the completion of such labor, they shall, in writing, notify its treasurer that they have not been paid by the contractors. § 3697. Company may operate by electricity. Any railroad company organized under the laws of this state may operate its railroad, or any part thereof, by electricity. § 3698. Crossing of one railroad by another. Any company may, in the construction of its railroad, cross the rail§ 3698. Injury to steam railroad from electric road crossing at grade is damnum absque injuria. 65 C. 434. If it road of any other company, or connect with the same. § 3699. Construction of branches. Any company in this state may build branches from its main line or from any of its leased lines; provided, that the construction of such branches is found by a judge of the superior court, upon due application, after such reasonable public notice as such judge may order, to be of public necessity and convenience. 1889, ch. 166, §1. § 3700. Charters amended. Section 3699, this section, 1889, ch. 166, §4. and § 3701 shall be deemed to be an addition to, and amendment of, all charters of railroad companies, and shall repeal all limitations in any such charters as to the length of branches which such companies may build. § 3701. Branches may be mortgaged. For the pur- 1889, ch. 186, §2. pose of paying the cost of building any such branch, any railroad company may issue bonds secured by mortgage to the amount of one-half of said cost, to be verified in the manner provided in § 3804 for verifying the cost of a railroad for the purpose of issuing bonds. 1871. Rev. 1888, §3478. § 3702. Contracts with connecting roads. Any company may make lawful contracts with any other company with 1889, ch. 166, §3. whose railroad its tracks may connect or intersect, in relation to its business or property, and may take a lease of the property or franchises of, or lease its property or franchises to, any such company. § 3703. Leases to be approved by stockholders. No lease of any railroad shall be binding on either of the contract § 3702. Lessor is not usually exempt from liability for negligence of lessee in operating railroad. 65 C. 230. 1878. Rev. 18888,3473. |