LAND FOR DEPOTS, STATIONS, ETC. SECTION 89. The corporation shall file, within one year, with the commissioners of each county through which the road passes, the location of the road as thus laid out, defining the courses, distances, and boundaries of such portion of it as lies within each county, certified by the clerk of the board, and in such form and with such other particulars as may be required by the rules prescribed by the board; and no corporation shall enter upon or use any land or other property, except for making surveys, until it has duly filed such location with the commissioners of the county in which such land or other property is situated. SECTION 90. A railroad corporation, having taken land for its road, may vary the direction of the road in the city or town where such land is situated; but it shall not locate any part thereof without the limits of the route fixed under sections forty or forty-one, unless with the consent in writing of the mayor and aldermen or selectmen if it was fixed under section forty, or of the board if it was fixed under section forty-one. The corporation shall, before the expiration of the time required for completing the road, file with the county. commissioners the location of the different parts where such variations are made; and the time for completing the road shall not be extended in consequence of such variations. Change of location for improving alignment of road. Outside land may be taken for station pur poses, etc. Acts of 1887, Chapter 430. An Act authorizing Railroad Corporations to Change their Locations for the purpose of improving the Alignment of their roads. SECTION 1. A railroad corporation, for the purpose of improving the alignment of its road, may, with the approval in writing of the board of railroad commissioners upon petition and after due notice to all persons interested, change its location, subject in all respects to the provisions of chapter one hundred and twelve of the Public Statutes and of all general laws now or hereafter passed relating to the fixing of the route of railroads, the laying out of the same, and the taking of land and the payments of damages therefor. Said corporation shall, with respect to such new location, be subject to all the general laws now existing or hereafter passed relating to railroad corporations. SECTION 2. This act shall take effect upon its passage. [Approved June 16, 1887. Land for Depots, Stations, etc. [SECTION 91. If a railroad corporation, for the purpose of making or securing its road or for depot or station purposes, requires land or materials without the limits of the route fixed, and is unable to ob141 Mass. 481. tain the same by agreement with the owner, it may apply to the 1874, 372, § 60. 1878, 135, § 2. See § 95. Substitute. 1884, 134. county commissioners, who, after notice to the owner, may prescribe the limits within which the same may be taken without his permission in the manner hereinafter provided; and the corporation shall file, within one year, with the commissioners of each county in which the same is situated, a location thereof duly certified by the clerk of the board, defining the courses, distances, and boundaries of such land, [See pages 40 and 41, sections 89-93.] Location of Purchased Lands. Acts of 1895, Chapter 356. An Act to authorize Railroad Corporations to file a Location of Lands chased lands may be filed. SECTION 1. A railroad corporation may file a location of any lands pur- Location of purchased or acquired by it for railroad purposes. Such location shall be duly certified by the clerk of the board of railroad commissioners, defining the courses, distances and boundaries of such land, in such form and with such other particulars as may be required by the rules prescribed by the board, and shall be filed with the commissioners of each county in which such land is situated. Such location of lands heretofore purchased or acquired may be filed within one year from the passage of this act, and of lands hereafter acquired within one year after the purchase or acquisition thereof. Such Effect same as location shall have the same effect as a location filed in accordance with the in case of lands provisions of section ninety-one of chapter one hundred and twelve of the Public Statutes: provided, however, this shall not operate to prevent land Proviso. thus located from being assessed for taxation in the city or town where the same is situated. SECTION 2. This act shall take effect upon its passage. [Approved May 9, 1895. taken. TAKING LAND. in such form and with such other particulars as may be required by the rules prescribed by the board.] 41 Acts of 1884, Chapter 134. An Act to authorize Railroad Companies to take Land for additional may be taken poses, new tracks, etc. Section ninety-one of chapter one hundred and twelve of the Public Additional land Statutes is amended so as to read as follows: - If a railroad corporation, for station purfor the purpose of making or securing its road, or for depot or station purposes, requires land or materials without the limits of the route fixed, or requires additional land for one or more new tracks adjacent to other land occupied by such corporation by a track or tracks already in use, and is unable to obtain the same by agreement with the owner, it may apply to the county commissioners, who, after notice to the owner, may prescribe the limits within which the same may be taken without his permission in the manner hereinafter provided; and the corporation shall file within one Location to be year with the commissioners of each county in which the same is situated, filed within one a location thereof duly certified by the clerk of the board, defining the courses, distances and boundaries of such land, in such form and with such other particulars as may be required by the rules prescribed by the board: provided, that where public highways, buildings, parks, or cemeteries are to be taken, the consent of the city or town in which the land is to be taken shall be first obtained. [Approved April 4, 1884. SECTION 92. Land without the limits of the route fixed as aforesaid, and taken or purchased for depot or station purposes, shall not be exempt from taxation. 4 Met. 564. 8 Cush. 237. 151 Mass. 69. year. Proviso. See P. 8. 54, § 1874, 372, § 62. Board to preto form and scribe rules as record of locations, etc. 1878, 135, § 2. see $$ 89, 142. SECTION 93. The board shall prescribe such rules as it may from time to time deem necessary in regard to the form in which all records of locations of railroads shall be made, the particulars to be contained therein, and the manner in which such records shall be uniformly kept for preservation and convenient reference in the offices of the clerks See 1882, 149. of the several counties. No such record shall be filed until the clerk of the board certifies thereon that the same is prepared in conformity with the rules prescribed by the board. Taking Land. taken until crossing ways, determined. See §§ 86, 136. See 1892, 228. SECTION 94. No railroad corporation shall take by purchase or Land not to be otherwise, or enter upon or use, except for making surveys, any land manner of or other property for the construction of its road or of any branch or etc., has been extension thereof, until the county commissioners of the county 1881, 111, § 1. wherein such land or other property is situated, after hearing the parties, have determined the manner in which the railroad shall cross the highways and other ways within such county, nor until it has obtained from the board the consent required by sections one hundred and nineteen and one hundred and twenty-three, in all cases where the county commissioners adjudge that public necessity requires the crossing at the same level; and notice of such hearing shall be given by publication in one or more newspapers published in such county for 42 Corporation may take land, paying damages therefor. 1874, 372, § 63. 3 Met. 380. 3 Cush. 107. 4 Cush. 291, 467. 10 Cush. 385. 12 Cush. 224, LAND DAMAGES. three successive weeks, the last publication to be at least seven days before the hearing. SECTION 95. When a railroad corporation is not able to obtain by agreement with the owner the land or materials necessary for its purposes as described in sections eighty-eight to ninety-one inclusive, it may take the same. It shall pay all damages occasioned by laying out, making, and maintaining its road, or by taking land or materials therefor; and such damages, upon the application of either party, shall be estimated by the county commissioners in the manner 105 Mass. 303. provided with reference to the laying out of highways; and when it is intended to take land or materials, application may be made before See $$ 105, 108, the actual taking and appropriation thereof. 605. 4 Gray, 301. 7 Allen, 313. 103 Mass. 1, 10. 107 Mass. 352. 109 Mass. 527. 152 Mass. 506. 113, 126. Application for three years, etc. 7 Gray, 389. Security for payment of damages and costs. 1874, 372, § 65. 127 Mass. 50. See § 101. Tender of, by corporation. 1874, 372, § 66. Bee § 100. Either party 1874, 372, § 67. See §§ 104, 105. Proceedings to be same as in case of highways 1874, 372, § 68. 13 Met. 316. Land Damages. SECTION 96. Except as is provided in sections one hundred and ten, one hundred and eleven, and one hundred and twelve, no application to the county commissioners to estimate damages for land or other property taken shall be sustained, unless made within three years from the time of taking the same. SECTION 97. Upon application to the county commissioners by either party for an estimate of damages, they shall, if requested by the owner, require the corporation to give security to their satisfaction for the payment of all damages and costs which may be awarded by them or by a jury for the land or other property taken; and if upon petition of the owner, and notice to the adverse party, the security appears to them to have become insufficient, they shall require the corporation to give further security to their satisfaction; and all its right or authority to enter upon or use the land or other property, except for making surveys, shall be suspended until it gives the security required. SECTION 98. After the county commissioners have made their estimate, the corporation may tender to the owner of the land or other property the amount of damages estimated, in full satisfaction thereof, with costs taxed to that period. SECTION 99. Either party, if dissatisfied with the estimate of the county commissioners, may at any time within one year after it is completed and returned apply for a jury to assess the damages. If no such application is made, the commissioners, after the expiration of said year, may issue warrants of distress to compel the payment of the damages with costs and interest; and if the corporation, for thirty days after such warrant has issued, neglects to satisfy the same, all its right and authority to enter upon or use the land or property, except for making surveys, shall be suspended until payment thereof. SECTION 100. When either party applies for a jury to assess the damages, the proceedings shall be the same as are provided for the recovery of damages in the laying out of highways. Upon such application, the prevailing party shall recover legal costs; and if the |