The Laws of Texas, 1822-1897 Volume 7 Page: 1,399
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Laws of the State of Texas.
699
upon and purchase, or otherwise take and hold any land necessary
for the purpose of locating, constructing and maintaining
said railway, with all the necessary depots and buildings
connected with said railway; and if they shall not be able
to obtain such lands by agreement with the owners thereof,
they shall pay such compensation as shall be determined
in the manner provided in the following section. The land
so taken for the road-bed shall not exceed fifty yards in
width, and for depots and other buildings only such width as
shall be absolutely necessary.
Sec. 9. Any person whose land has been taken as aforesaid
may apply to the presiding justice, or chief magistrate
of the county where the land is situated, for the appointment
of three freeholders; and said magistrate shall thereupon appoint
a time and place to hear the applicant and the company,
to whom shall be given reasonable notice of such time and
place; and said freeholders shall, after being sworn, and having
heard the parties, determine the compensation to be paid
to the applicant, and make return of their award to the next
regular term of the district court of the county; and said
award may be confirmed, or, for any sufficient reason, it
may be set aside by said court; and if it be confirmed, judgment
shall be rendered thereon as in other cases. In determining
the compensation to be paid as aforesaid, the said
freeholders shall be governed by the actual value of the land
at the time it was taken, and shall consider the injury or
benefit that would result to the adjoining lands of the applicant
by the establishment of the railroad, and if the benefit
shall exceed the injury, the applicant shall receive nothing,
but shall pay the cost.
Sec. 10. The said company, in its charges for freight
and passage, shall be governed by the general laws now
in force, or that may hereafter be enacted, and the State
reserves also the right to prescribe and regulate the duties
and liabilities of said company as a common carrier; and
said railroad company shall have the right to cross all
public highways and streets of towns and cities tnat may
be necessary to cross to establish said railway; provided,
said railway shall not run through the streets of any town
and city in such a way or manner as shall damage the
property situate on said street, unless by consent of
the city or town authorities, and by making compensation(1399)
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 7, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6732/m1/1401/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .