The Laws of Texas, 1822-1897 Volume 7 Page: 1,445
This book is part of the collection entitled: Gammel's Laws of Texas and was provided to The Portal to Texas History by the UNT Libraries.
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Laws of the State of Texas.
745
land cannot be obtained by agreement with the owner or
owners thereof, said company shall pay such compensation as
shall be determined in the manner hereinafter set forth; provided,
that the land taken for this canal shall not exceed two
hundred feet in width, unless for basins and buildings.
Sec. 3. Any person or persons whose land has been taken
as aforesaid without agreement or satisfactory compensation,
may apply to the district court of the county in which
said land is situated for the appointment of appraisers, and
said court shall thereupon appoint three disinterested freeholders
of said county, who shall appoint a time and place
to hear the applicant and said company, to whom shall be
given by said freeholders reasonable notice of the time and
place of said hearing; and said freeholders shall, after being
duly sworn, and after due hearing of the parties, determine
the amount of compensation, if any, to which the applicant
may be entitled, and make return of their award at the next
succeeding term of said court; and said award, if not rejected
by said court for sufficient cause then shown, shall be
entered up as the judgment of said court. In determining
the question of compensation, said freeholders shall be
governed by the actual value of said land at the time it was
taken, taking into consideration the benefits or injuries done
to other lands, the property of its owner, by the construction
of said canal. And if the amount of compensation awarded
by said freeholders shall not exceed the amount by said company
to the owners prior to said application to the court,
the applicant shall pay the cost of the proceedings; otherwise,
the company shall pay the same. During -the inquiry
as to the value of said land or the damage done to
the estate of the owner, said company shall in no manner be
molested or hindered in the prosecution of their work thereon,
or occupation of the same, by any writ or process from any
court of this State.
Sec. 4. In order to secure and promote the rapid construction
of said canal and line of inland water communication,
and thereby afford cheap and necessary facilities
for navigation between the waters of Galveston Bay and
those of Sabine Lake, and of the Neches, Angelina and
Sabine rivers, the said Texas and Mississippi River Canal
and Navigation Company shall be entitled to receive from(1445)
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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/m1/1447/?rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .