§ 82 — Location of route

§ 82. Location of route. Before commencing the construction of its\npipe line in any county, and before commencing any proceeding for the\ncondemnation of real property, such a corporation shall plainly mark the\nroute adopted and located by it by stakes consecutively numbered and\nplaced not more than twenty rods apart, and shall make a map and survey\nof the route so located indicating thereon the points where such route\ncrosses each parcel of land not theretofore acquired, and shall cause\nsuch map and survey to be certified by its president and engineer, and\nfiled in the office of the clerk of each county into or through which\nsuch route passes. Such corporation shall give written notice of the\nfiling of such map and survey to the owner or occupant of every such\nparcel of land, if he is known or can be ascertained, stating that such\nroute passes over or across his lands, as indicated thereon by such line\nof stakes. Within fifteen days after the service of such notice, any\nsuch owner or occupant feeling aggrieved by such location may give ten\ndays' written notice to the corporation, by service thereof upon its\npresident, engineer, or any director, and like notice to the owner or\noccupant of any lands to be affected by the alteration of route to be\nproposed, of the time and place of an application to a special term of\nthe supreme court in the judicial district in which the lands are\nsituated for the appointment of commissioners to relocate such route. If\nthe court shall determine that sufficient cause exists therefor, it\nshall appoint three disinterested persons as commissioners to examine\nthe route located and the proposed alteration thereof, and direct the\nmode of proceeding. The commissioners shall report to the court the\nfacts and their opinion as to the proposed alteration, and what, if any,\nalteration should be made in such route, and the court shall thereupon\nmake an order finally determining the location of such route upon the\nlands embraced therein, and fixing and adjusting the costs, fees, and\ncharges of the commissioners, and the costs and expenses of the\nproceedings, and directing by which party the same shall be paid.\nPayment thereof may be enforced by proceedings as for a contempt. Such\ncorporation shall not begin to construct or lay its line of pipe, or\ncommence proceedings for the condemnation of real property, in any\ncounty, until after the expiration of fifteen days from the service of\nthe notice herein required, nor until all applications for a relocation\nof its route in such county, if any are made, have been finally\ndetermined.\n