42-317. Condemnation of lands for site or way.
42-317
42-317. Condemnation of lands for site or way.Any person, association or corporation desiring to construct a canal,fountain, ditch, conduit, dam, reservoir or other works for diverting,storing or conveying water to be applied to domestic or industrial uses, orfor collecting, cleansing or filtering the same, or to enlarge any suchworks, or to change the course thereof in any place, or to relocate anypart thereof, or to enlarge any part thereof, or to set, place or constructany wheel, pump or other machine or apparatus for raising water from anysource so that the same may flow or be conveyed to the place of using thesame, and who, being lawfully entitled to construct, maintain or operatesuch works, shall be unable to agree with the proprietor of any landsnecessary to be taken for the site or way of such works or any thereof,touching the compensation and damages which ought to be paid in respect ofany lands taken or damaged by the construction and operation of such works,or any such enlargement thereof, either by reason of the refusal of suchproprietor or by reason that such proprietor is a minor, or incapacitatedperson, absent from the state, or cannot be found, shall be entitled tocondemn and take for the purpose only such width or quantity of lands, asmay suffice for the location and construction of such works or suchenlargement thereof, and the subsequent maintaining, cleansing, repairingand improving thereof, as may be necessary from time to time; and may causethe damages and compensation to be paid in that behalf, to be ascertainedin the manner prescribed by the laws regulating the exercise of the rightof eminent domain, which are or may hereafter be in force, and shall beentitled to all rules, orders and other proceedings whatsoever prescribedby such laws.
History: L. 1891, ch. 133, art. 3, § 2; R.S. 1923, 42-317; L. 1965, ch. 318, §1; June 30.