§ 90 — Poles and wires on reservation

§ 90. Poles and wires on reservation. Any company may erect poles and\nwires, and other necessary fixtures thereto, across the lands of the\nSeneca Indians on the Tonawanda reservation, provided the company shall\npay to the Indians to whom allotments have been made, and on whose\npremises telephone or telegraph poles for the purpose of supporting\nwires have been or may hereafter be erected, damages therefor, which in\ncase of inability to agree thereon, shall be ascertained in the manner\nprovided in the eminent domain procedure law. And in case the poles are\nerected on lands that have not been allotted to any Indian, then the\nsaid company shall pay a like sum to the district attorney of Genesee\ncounty, who shall distribute the same in accordance with the provisions\nof section eighty-six of this article. And in case any company may have\nalready erected poles, or in case any company may hereafter erect poles\nwithout paying therefor in accordance therewith, then the said Indians\nare authorized to maintain actions of ejectment against the company\ntherefor, in the same manner as citizens of this state, and as if they\nwere owners in severalty of the lands so allotted to them. In case the\nlands are not allotted, then such an action may be prosecuted in the\nname of the Tonawanda band of Seneca Indians. The provisions of this\narticle shall not apply to the existing lines of any such company, which\nhas heretofore obtained the consent of said Seneca Indians to the\nerection of such existing lines and shall have paid a valuable\nconsideration for the same, so far as such existing lines have been\nerected upon lands that have not been allotted.\n