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or unsafe, or unsubstantial grounds or foundations,
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for other reasonable causes to change the location or
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grade of any portion of their road, whether hereto-
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fore made, or hereafter to b3 made, such railroad
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companies shall be, and are Hereby authorized to
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make such changes of grade and location, not de-
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parting from the general route prescribed in the
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certificate of such company; and for the purpose of
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making any such change in the location and grades
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of any such road as aforesaid, such company shall
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have all the rights, powers and privileges to enter
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Rights powers
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upon and take and appropriate such lands, and make
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and privileges
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surveys necessary to effect such changes and grades,
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upon the same terms, and be subject to the same
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obligations, rules and regulations as are prescribed
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by law, and shall also be liable in damages, when
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any have been caused by such change to the owner
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or owners of the lands upon which such road was
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heretofore constructed, to be ascertained and paid,
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or deposited as aforesaid; but no damages shall be
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Damages.
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allowed, unless claimed within thirty days after ac-
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tual notice of such intended change shall be given
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to such owner or owners, if residing on the premises,
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or sixty days' notice by publication in some news-
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paper in general circulation in the county, if non-
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resident; provided, that when any condemnation
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Proviso.
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shall have been made and confirmed, under this, or
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preceding sections, the said condemnation shall be
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finally binding upon the company, unless within
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thirty days, they elect to abandon said location.
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SEC. 13. And be it enacted, That if it shall be neces-
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sary, in the location of any part of any railroad, to
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occupy any road, street, alley or public way, or
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Shall be com-
petent.
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ground of any kind, or any part thereof, it shall be
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competent for the municipal or other corporation, or
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public officer, or public authorities, owning or hav-
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ing charge thereof, and the railroad company to
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agree upon the manner and upon the terms and con-
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dition upon which the same may be used, or occu-
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pied; and if said parties shall be unable to agree
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thereon, and it shall be necessary, in the judgment
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of the directors of such railroad company, to use or
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occupy such road, street, alley, or other, public way
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or ground, such company may appropriate so much
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May appropri-
ate.
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