§ 8-4-1-19 — Eminent domain; stay of proceedings; perfecting defective title

Indiana § 8-4-1-19

• Jurisdiction: Indiana
• Art. 4: ORGANIZATION AND OPERATION OF
• Ch. 1: Incorporation of Railroad Companies

Text

At any time after an attempt to acquire title by
appraisal of damages or otherwise, if it shall be found that the title
thereby attempted to be acquired is defective, the rail carrier may
proceed anew to acquire or perfect the same in the same manner as if
no appraisal had been made. At any stage of such new proceedings, the
court may authorize the rail carrier, if in possession, to continue in
possession, and, if not in possession, to take possession of and use such
real estate during the pendency and until the final conclusion of such
new proceedings; and may stay all actions and proceedings against the
rail carrier, or any officer, agent or workman of the rail carrier, on
account thereof, on the rail carrier paying into court a sufficient sum,
as the court may direct to pay the compensation therefor when finally
ascertained; and in every such case, the party interested in such real
estate may conduct the proceedings to a conclusion, if the rail carrier
delays or omits to prosecute the same.
Formerly: Acts 1852, 1RS, c.83, s.18. As amended by
P.L.146-2017, SEC.8.