§ 3787 — Taking of land; proceedings

When a railroad corporation, a town, or any other party is ordered to do the requisite work in the alteration, changes, or removals at a railroad-highway crossing, or on lands or obstructions to the view near such crossing and it is necessary to take land to carry out such order, the party ordered to do the work shall cause such land to be surveyed and furnish a copy thereof to the owner of such land or his or her agent. Whereupon, in case the owner of such land and the parties ordered to do the work cannot agree on the price of the land and the damage to the owners resulting from such taking, either party in interest may make written application to the Board. After hearing had, on notice of not less than 10 days to the same parties for whom notice is provided in section 3785 of this title, such Board shall first adjudge whether the taking of such land is necessary and, if so adjudged, shall appraise the same and award such damages for the taking thereof as are just. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)