§ 66-60 — Unknown owner.

If upon the location of said railroad it shall be found to run through the real property of any nonresident owner who is unknown to the corporation, or who has not been by it informed thereof, and has neither granted nor refused to grant the right-of-way through and over his said premises, the said corporation may give four (4) weeks' notice to such owner, if known, and if not known, by a description of such real property, by publication four (4) consecutive weeks in some newspaper published in the county or subdivision where such real property may lie, if there be any, and if not, in one nearest thereto on the line of their said road, that said railroad has been located through and over his lands; and if said owner do not, within thirty (30) days thereafter, apply to the district judge to have the damages assessed, in the mode prescribed in this article, said corporation may proceed to have the damages assessed as herein before provided, subject to the same right of review and appeal, as in case of resident owners; and upon payment of damages assessed to the clerk of the district court, the corporation shall acquire all the rights and privileges mentioned in this article.

Legislative History

R.L. 1910, § 1407.