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natural or appointed, of such infant, and the conservator of such person non compos mentis, who may respectively give releases for all damages for lands so taken, as fully as if the same were holden in their own right.

CHAPTER 213.

Location and Construction of Steam Railroads.

1849, 1883.

§ 3680. Taking of land; commissioners' approval. Rev. 1888, $460. Every railroad company may lay out its road not exceeding six rods wide; and for the purpose of such layout and for cuttings, embankments, and procuring stone and gravel, and for necessary turnouts, may take as much real estate as may be necessary for the proper construction and security of the road: but no real estate without the limits of such road shall be so taken without the permission of the parties interested therein, unless the railroad commissioners, on application of such company, and after notice to said parties, shall first prescribe the limits within which real estate shall be taken for such purposes, and no railroad shall lay out and finally locate its road without the written approval of the location by said commissioners. Any company may change the location of its road, or of any section or part thereof, either before or after such location has been approved by the commissioners, provided such change is made before the construction of such road or of such section or part thereof has been commenced, and is made with the written approval of said commissioners; and that all damages that may be occasioned to any person by the taking of any real estate for said purposes shall be paid for by such company as provided by law.

1882.

§ 3681. Deposit by company before approval of lay- Rev. 1888, $3459. out. Every such company, before applying to the commissioners for their approval of the location of its road, shall deposit with the state treasurer a sum equal to eleven dollars for each mile of its proposed road in this state. And the comptroller shall include such company among the several railroad companies in his next annual apportionment of the office expenses

§ 3680. The right of eminent domain may be exercised over property already taken for public use. 36 C. 198. When legislature authorizes a railroad company to take land, it in effect declares that land so taken is for a public use. 69 C. 437.

§ 3681. Layout may be in sections, and proportionate payments made as sections are approved. 73 C. 511.

1863, 1882.

Rev. 1888, §3461.

1905, ch. 104.

and salaries of said commissioners, estimating the length of its main track or tracks as equal to the proposed length of its road; and said treasurer shall deduct from said deposit the amount so apportioned to such company, and return the remainder to the treasurer of such company.

§ 3682. Location may be altered; certificate. Every company, after its line of road shall have been located, approved, and established, may so far alter such location as to change the radius of its curves, the width of its layout, the extent of depot grounds, its slopes and embankments, may straighten and improve its lines, and extend its lines of sight, when such changes are approved by the commissioners, and may take land for additional tracks, turnouts, and freight and passenger stations, and for the purpose of supplying water for the use of its engines and stations. A certificate of such changes or taking, duly signed by the commissioners, shall be lodged for record in the town clerk's office in the town or towns in which such changes are made or land taken.

Change of location of canals or water courses. § 1. Upon petition brought by any railroad company, the railroad commissioners may order the location of any canal or water course to be changed by said company for the purpose of enabling its railroad to be more advantageously constructed, maintained, or operated, reasonable notice of such application having first been given to the owner or owners of such canal or water course; and said company shall have power, for the purpose of carrying out any order of the railroad commissioners under this act, to take real estate in the manner provided in section 3687 of the general statutes.

§ 2. The decision of the railroad commissioners upon any petition brought under this act shall be communicated to the petitioner and to all persons to whom notice of the hearing on said petition was given, within twenty days after the final hearing thereon. Any owner of any canal whose

§ 3682. A highway may be taken for depot. 56 C. 314. Section 3747 does not give a right of appeal from a decision on a petition based on § 3682. 60 C. 164. Where authority of commissioners and authority of municipality conflict, commissioners prevail. 66 C. 222. No appeal is allowed from decision of commissioners under this section. 71 C. 281. Taking of land to change radius of curves, etc., approved. 72 C. 489.

location is changed by the order of the railroad commissioners shall have the same right of appeal from such order as is given by section 3747 of the general statutes concerning appeals from orders relating to stations.

§ 3. Whenever the location of a canal or water course shall be changed as provided herein, the flow of water therein shall not in anywise be interrupted, diminished, or impaired, and the cost of making such change, and of providing a new channel for said canal or water course, together with the cost of the walls, embankments, headgates, flumes, and other structures necessary to render such canal or water course as safe and efficient as before such change, shall be entirely borne by the railroad company which petitions for such change.

§ 4. The provisions of this act shall not apply to the canal of any corporation required by its charter to maintain its canals, or any of them, in a condition for navigation nor to the canal of any corporation chartered for the purpose of improving the boat navigation of the Connecticut river or for the purpose of widening and deepening the channel of said river; but in such cases the provisions of this act shall apply when the written consent of any such corporation to the proposed change shall have first been obtained.

§ 5. This act shall take effect from its passage.

§ 3683. May alter grades. Every company, after its line of road shall have been located, approved, and established, may alter its grades and raise any highway bridges that pass over its tracks to such height as may be approved by the commissioners; and may change the grade of the approaches to such bridges so as to conform to the change in the height of the bridges; but this section shall not authorize any company to raise its tracks so as to lessen the distance between an existing bridge and its tracks, without the approval of the commissionDamages accruing to any adjoining proprietor on account of any change of grade on the highways which are approaches to any such bridge, raised under the provisions of this section, shall be assessed and paid by such company in accordance with the provisions of §§ 3713, 3714, and 3716.

ers.

R. R.-C

1893, ch. 264.

See §3712.

1893, ch. 262.

1884.

Rev. 1888, §3462.

1881.

Rev. 1888, §3468.

1849, 1863, 1871, 1874.

§ 3684. Land for additional tracks. Any company may so alter the location of its road as to add to the number of its main tracks, and for that purpose, with the approval of the commissioners, may take additional land in the manner now provided by law; but when an additional bridge over a navigable stream shall be required by an addition to the main tracks, the same shall be constructed in such manner, of such materials, and with draws of such width, as the commissioners shall authorize and direct, and such additional bridge shall be subject to the provisions of § 3732.

§ 3685. Land cut off from access to highway. When any company shall take land for railroad purposes, and the effect of such taking is to cut off other land from practical access to the highway, such company may, with the approval of the commissioners, take additional land sufficient for a convenient way from the land so cut off to the highway, and shall provide for the use of the owner of the land cut off as aforesaid a suitable way over such additional land to the highway. Such way 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.

§ 3686. Layout through cemetery restricted. No 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.

§ 3687. Land how taken; damages. When any comRev. 1888. §3464. pany shall have the right to take real estate for railroad purposes, and cannot obtain it by agreement with the parties

§ 3685,

Cutting off land from all access to highway held a taking. 66 C. 224. Commissioners' approval settles necessity and extent of taking. 69 C. 437.

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

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 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 1889, ch. 149. 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.

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.

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