43 U.S.C. § 942-3 : US Code - Section 942-3: Condemnation of land

Search 43 U.S.C. § 942-3 : US Code - Section 942-3: Condemnation of land

Where any company, the right of way to which is granted by
sections 687a, 687a-2 to 687a-5,(!1) and 942-1 to 942-9 of this
title and sections 607a and 615a of title 16, shall in the course
of construction find it necessary to pass over private lands or
possessory claims on lands of the United States, condemnation of a
right of way across the same may be made in the following manner:
In case the owner or claimant of such lands or premises and such
company can not agree as to the damages, the amount shall be
determined by the appraisal of three disinterested commissioners,
who may be appointed upon application by any party to any judge of
a court of record in Alaska; and said commissioners, in their
assessments of damages, shall appraise such premises at what would
have been the value thereof if the road had not been built; and
upon return into court of such appraisement, and upon the payment
to the clerk thereof of the amount so awarded by the commissioners
for the use and benefit of the owner thereof, said premises shall
be deemed to be taken by said company, which shall thereby acquire
full title to the same for the purposes aforesaid. And either party
feeling aggrieved by said assessment may, within thirty days, file
an appeal therefrom, and demand a jury of twelve men to estimate
the damage sustained; but such appeal shall not interfere with the
rights of said company to enter upon the premises taken, or to do
any act necessary in the construction of its road. And said party
appealing shall give bonds with sufficient surety or sureties for
the payment of any costs that may arise upon such appeal. And in
case the party appealing does not obtain a more favorable verdict,
such party shall pay the whole cost incurred by the appellee, as
well as its own. And the payment into court for the use of the
owner of claimant, of a sum equal to that finally awarded shall be
held to vest in said company the title of said land, and the right
to use and occupy the same for the construction, maintaining and
operating of the road of said company. And in case any of the lands
to be taken as aforesaid shall be held by any person residing
without the Territory, or subject to any legal disability, the
court may appoint a proper person who shall give bonds with
sufficient surety or sureties, for the faithful execution of his
trust, and who may represent in court the person disqualified or
absent as aforesaid, when the same proceeding shall be had in
reference to the appraisement of the premises to be taken, and with
the same effect as has been already described. And the title of the
company to the land taken by virtue of this section shall not be
affected nor impaired by reason of any failure by any guardian to
discharge faithfully his trust. And in case it shall be necessary
for the said company to enter upon lands which are unoccupied, and
of which there is no apparent owner or claimant, it may proceed to
take and use the same for the purpose of its said railroad, and may
institute proceedings in the manner described for the purpose of
ascertaining the value of, and acquiring a title to, the same; and
the court may determine the kind of notice to be served on such
owner or owners, and may in its discretion appoint an agent or
guardian to represent such owner or owners in case of his or their
incapacity or nonappearance. But in case no claimant shall appear
within six years from the time of the opening of said road across
any land, all claims to damages against said company shall be
barred. It shall be competent for the legal guardian of any infant,
or any other person under guardianship, to agree with the said
company as to damages sustained by reason of the taking of any
lands of any such person under disability, as aforesaid, for the
use as aforesaid; and upon such agreement being made, and approved
by the court having supervision of the official acts of said
guardian, and said guardian shall have full power to make and
execute a conveyance thereof to the said company which shall vest
the title thereto in the said company.