If, at any time after the location of the line of any
railroad chartered by this state, and the filing of the map thereof, it
shall appear to the directors of such company that the line thereof is
necessarily dangerous, inconvenient, or expensive to operate, by reason
of unavoidable causes, grades, or serious errors in location, such
directors may make local alteration of the line, and cause a new map to
be filed in the office where the map showing the first location is filed,
and may thereupon take possession of the lands embraced in such new
location which may be necessary for the construction and maintenance
of such road on such altered line, either by agreement of the owner or
by such proceedings as are authorized by the charter of such company,
and may use such new line in place of th
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If, at any time after the location of the line of any
railroad chartered by this state, and the filing of the map thereof, it
shall appear to the directors of such company that the line thereof is
necessarily dangerous, inconvenient, or expensive to operate, by reason
of unavoidable causes, grades, or serious errors in location, such
directors may make local alteration of the line, and cause a new map to
be filed in the office where the map showing the first location is filed,
and may thereupon take possession of the lands embraced in such new
location which may be necessary for the construction and maintenance
of such road on such altered line, either by agreement of the owner or
by such proceedings as are authorized by the charter of such company,
and may use such new line in place of the one for which it is
substituted; but nothing in this chapter shall be so construed as to
confer upon such railroad company any power to locate its road on any
route which would not have been authorized by its charter; and nothing
in this chapter contained shall authorize such company to make a
location of its track within any city without the consent of the common
council of such city, nor to change its road so as to avoid any point
named in its charter. And any change so made by any railroad company
shall subject said railroad company to the payment of all damages that
may be sustained by any person, persons, or corporation on account of
such change; provided, that if any railroad company change or relocate
any part of its track for a distance of one (1) mile or more, thereby
abandoning any part of its track or road as previously located,
constructed, and operated, for a distance of one (1) mile or more, such
railroad company shall, previous to such change, relocation, or
abandoning, pay to the owner or owners of any real estate lying upon,
along or near the route or line of said road from which such track is
proposed to be taken all damages which may accrue to such owner or
owners on account of such removal; such damages shall be assessed in
the same manner as lands taken for railroad purposes in pursuance of
the statute in force on April 23, 1903, in this state; and said damages,
when so assessed, shall be paid to the owner or owners of said lands,
or paid into the office of the clerk of the county in which said lands are
located, for the use of said owner or owners, previous to the relocation
or abandonment of said track; provided, further, that in all cases where
any railroad company has made, before or after April 23, 1903, any
such alterations as are provided for in this chapter, the board of county
commissioners of the county in which such alterations are made may
locate a public highway on the old line or route of such railroad for
which such new line is substituted by the same proceedings and on the
same terms as public highways are on or after April 23, 1903, located.
Formerly: Acts 1865(ss), c.23, s.1; Acts 1903, c.121, s.1; Acts
1907, c.211, s.1. As amended by P.L.62-1984, SEC.30.