352 CORPORATIONS—RAILROAD. [ART. 23-

for the purpose of avoiding annoyance to public travel, or dan-
gerous, or difficult curves or grades, or unsafe, or unsubstantial
grounds or foundations, for other reasonable causes, to change the
location or grade of any portion of its road, whether heretofore
made, or hereafter to be made, such railroad company shall be,
and is hereby authorized to make such changes of grade and loca-
tion, not departing from the general route prescribed in the cer-
tificate of such company; and for the purpose of making any such,
change in the location and grades of any such road as aforesaid,
such company shall have all the rights, powers and privileges to
enter upon, and take, and appropriate such lands, and make sur-
veys necessary to effect such changes and grades, upon the same
terms, and be subject to the same obligations, rules and regulations
as are prescribed by law, and shall also be liable in damages, when
any have been caused by such change, to the owner or owners of
the lands upon which said road was heretofore constructed, to be
ascertained and paid, or deposited as aforesaid; but po damages
shall be allowed, unless claimed within thirty days after actual
notice of such intended change shall be given to such owner or
owners, if residing on the premises, or sixty days' notice by pub-
lication in some newspaper in general circulation in the county, if
non-resident; provided, that when any condemnation shall have
been made and confirmed, under this, or preceding sections, the
said condemnation shall be finally binding upon the company, un-
less within thirty days they elect to abandon said location.

1876, ch. 242, sec. 13.

169. If it shall be necessary, in the location of any part of any
railroad, to occupy any road, street, alley or public way, or ground
of any kind, or any part thereof, it shall be competent for the
municipal or other corporation, or public officer, or public author-
ities, owning or having charge thereof, and the railroad company
to agree upon the manner and upon the terms and conditions upon
which the same may be used or occupied; and if said parties
shall be unable to agree thereon, and it shall be necessary, in the
judgment of the directors of such railroad company, to use or oc-
cupy such road, street, alley, or other public way or ground, such
company may appropriate so much of the same as may be necessary
for the purposes of such road, in the same manner and upon the