§ 60-06-07 — Procedure in district court by applicant

Proceedings in district court shall be instituted and carried on as follows:
1. The corporation to which the application for the right to maintain and operate an
elevator or warehouse on the railroad right of way is made shall present to and file with
the district court a petition in writing and under oath specifying and describing:
a. The right, privilege, and easement sought and attained.
b. The time for which the same was sought and attained.
c. The fact that the parties to the proceedings are unable to agree upon the amount
of the compensation therefor.
2. A copy of the application for such privilege shall be attached to said petition and
thereupon the court at once by its order in writing shall fix a place and a time, not more
than twenty days thereafter, where and when the court will try such proceeding and
determine the amount of such compensation.
3. A certified copy of this order shall be served at least fifteen days before the time so
fixed upon the party who sought and attained the right, privilege, and easement, as a
summons is served in a civil action in said court. Such service when made shall be
ample notice to and summons for the party so served to appear and join in the
proceedings and shall give the court full jurisdiction over the party against whom the
proceedings are instituted and the property involved in the proceedings.