1911_private laws_343_9
CHAPTER 342 AN ACT TO INCORPORATE RALEIGH, WINSTON AND WEST- ERN RAILWAY COMPANY. The General Assembly of North Carolina do enact:
Whenever from any cause this company is unable to agree with the owners of the land over or near which it is proposed to extend its road for the purchase of such land for its depcts, roadbeds, station grounds, yards, shops, gravel pits, quarries, terminals or other purposes of the company, the said company may file a petition before the clerk of the superior court of the county wherein the land lies, specifying the objects for which the land is desired, with a description and plat thereof. A copy of such petition, with a notice of the time and place when and where the same shall be heard by the clerk, must be served on all persons whose interests are to be affected by the proceedings, at least ten days.prior to the hearing of the same, by the clerk, in the manner provided by law; and in the event that any of the persons interested in said land are unknown or nonresidents of this State, such notice may be served by advertisement, stating briefly the object of the application and giving a description of the land to be taken, published in a newspaper, if there be one published in the county in which the land to be taken is situate, once in each week for four successive weeks next previous to the presentation of the petition, and if there be no paper published in the said county, then in some paper published in the city of Raleigh, or such notice may be given in any other way provided for the giving of notices relative to the condemnation of land by chapter sixty-one -61 of The Revisal of one thousand nine hundred and five of North Carolina. The clerk of the superior court shall thereupon appoint three disinterested freeholders, who shall be summoned by the sheriff to meet on the premises at a time to be fixed in the order of appointment, not more than ten days after the appointment, unless a later day be fixed by consent, to assess the damages to the land proposed to be taken. In assessing the damages the appraisers shall take into consideration the actual value of the land, together with the damage to the residue of the tract beyond the benefit and special advantages to be derived in respect to such residue from the work to be constructed. The appraisers or a majority of them shall make their report to the clerk of the superior court within ten days from the time of their meeting on the premises. Said report shall be recorded in the office of the register of deeds, after approval by the clerk and payment of the damages assessed to the clerk or to the parties interested, and shall have force and effect of a deed conveying such property to the company in fee simple. Either party may appeal to the superior court in term from the approval or disapproval of the action of the clerk: Provided, such appeal be prayed within ten days from the approval or disapproval of the clerk, and on such appeal may present such evidence as they may desire, and have a hearing de novo before the court, but the burden of proof shall be upon the party objecting to the ruling of the appraisers. In the event that the TRUE owner of the property taken as above mentioned is not notified as above provided, then such owner may within two years, but not afterwards, petition the superior court of the county in which the land lies for assessment of the value thereof, as aforesaid, but no action of ejectment shall be brought by him nor the possession or occupation of this company in any way disturbed unless it shall within the time to be fixed by the court fail to pay such damages as may be assessed for the value thereof: Provided, however, that in case the TRUE owner be at the time of such condemnation and occupation under any legal disability, he may file a petition for the assessment of such damages within two years from the removal of such disability: Provided, that no powers herein enumerated shall . be construed to grant any condemnation powers in excess of the general law governing condemnation, and that nothing herein contained shall be construed to exempt this company from any and all of the lawful orders, rules and regulations of the corporation commission.