General Assembly: 83 (2009 Regular GA) - Chapter 150 - Public employment and veterans preferences

Published: 2009

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APRIL Ii AN ACT Amending Article 8, of Chapter M, of the Revision of -----=-- 1860, granting Right of Way to Railroad Companies. SECTION 1. Be it enacted by the Gene'l'al A88embly oj

II: IDa Dr tn, State of Iowa, That the words" non-resident" a.s used "D~:-~dent." in article 3, of chapter 55 of the Revision of 1860, and in

this act, shall be held to mean persons not residing in the ::.':~OD: eh.liIi. county in which the lands Llie] over which the right of way

is required. SEO. 2. When any railroad company desires to locate

PtlbUeatioD Dr its road over the lands of any non· resident, no demand of ::::~~d right of way shall be necessary. except the publicatilln of

the notice herein provided for. SEO. 3. Notice for condemning right of way for rail-

. road purposes, over the lands of non-residents, may be substantially in the following form, to-wit:


To (here name each person who is known to be a non- l'ormorDotlee. resident owner of any lands in tbe county over which the

right-of-way is desired), and all other persons having any interest in, or owning any of, the following described real estate, to-wit: (here describe by numbers, in tracts not exceeding one-sixteenth of a section each, thus: north- east quarter of north-west quarter, and north-west quarter of north-west quarter, of secti.>n 6, north-east quarter of north-east quarter, north-west quarter of north-east quarter, of section 6, all in township 96, range 22, etc.,) you are hereby notified that the ............ railroad com- pany has located a line of railroad over the above described real estate, and desire the right-of-way over the same, to- wit: a strip or belt of land ..................... feet in width, through the center of which strip or belt of land the center line of said railroad will run,leaving ............ feet on each side of said center line, together with such widths as may be necessary for bermes, waste banks, and burrow· ing-pits, and wood and water stations; and unless you proceed to have the damages to the same appraised according to law, on or before the ......... day of ........... . A. D., 18 .. , (a date at least four weeks after the first publica- tion of the notice,) said company will proceed to have the


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same appraised on the ............ day of ............ , (a date at least eight weeks after the first publication of the notice,) at which time you will be at liberty to appear before the appraisers on the subject of the assessment of damages to your land •

.............. 0 •• 0 ••• 0.0 ......... ,Railroad Company.

By. 0 ......................... Attorney or .......................... ;


Right-of.Way Agent. Which notice shall be published in some newspaper in the Bow pllbllabed. county, if there be one, and if there be no' newspaper in the county, then in the nearest county, through which the proposed railroad runs, in which there is a newspaper, for at least eight successive weeks prior to the day fixed for appraisement, at the instance of the railroad company, and shall be sufficient demand of, and notice to, all persons

, having any interest in any of the lands described· in the

SEC. 4. The appraisement may be made Bnd returned APprahemeD1 in tracts larger than forty acres, and all the lands appear- ~':m':d~e aD ing of record to belong to one person, and lying in one tract, may be included in one appraisement and return, unless the agent or attorney of the company, or the appraisers, shall have actual knowledge that the tract so appearing of record does not belong wholly to the person in whose name it appears of record; and in case of such knowledge, the appraisement shall be made of the different parcels, as they are known to be owned.

SEC. 5. All acts and parts of acts inconsistent with a.peallDlclAuae. this act are hereby repealed.

SE~. 6. This act, being deemed by the General Assembly Taking elreet. of immediat~ importance, shall take effect and be in force from and after its publication in the Weekly State Regis. ter and Daily Bulletin, newspapers published in Des Moines, Iowa.

Approved, April 5, 1870.

I hereby certify that the foregoing act was published in the Du 1tiMnetI Dail1J Bulletin, April 8, and ill the Wee1dy I()U)(J &ate RegiIt8r, April 13, 1870.

ED WRIGHT, &t:retalr1J of State.

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