388.420. May take material for construction, when and how.
May take material for construction, when and how.
388.420. 1. Any company shall have power, by themselves oragents, to enter and take from any land in the neighborhood ofthe line of their railroad, earth, gravel, stone, wood, water, orother material necessary for the construction and operation ofsaid road and also for the purpose of depositing thereon earth,stone, gravel, or other materials and for the purpose ofprocuring water for their uses, may lay pipes, erect pumps, damsand reservoirs, and maintain and keep the same in repair, paying,if the owner of such lands and the company can agree, the damagesthey shall do to such land or its appurtenances; or, if theycannot agree, then the company, before entering upon the land,shall apply to an associate circuit judge of the county for theappointment of three commissioners, who shall be residents of thecounty and disinterested, to ascertain the amount of the damages,who, being duly sworn by the associate circuit judge impartiallyand faithfully to discharge the duties devolving on them, shallthen ascertain the compensation, upon their own view of thegrounds, and of the wood, earth, stone or gravel which may betaken therefrom, or the earth, stone, gravel, or other materialsthat may be deposited thereon, and the injury done in taking themor depositing thereon, except that it shall be the duty of theparty making the application to show to the associate circuitjudge that ten days' previous notice of the time of making thesame has been given to the other party, or to some one of them;and no award which may be given under any appointment, withoutsuch notice, shall be obligatory or binding on the other party;and either party not satisfied with the award may appeal to thecircuit court of the county in which the land may be, which may,at its discretion, confirm the award and enter it of record, or,as often as may be deemed necessary, may supersede the viewers,or any of them, appoint others in their stead, and direct anotherview and award to be made in the manner provided in this section.
2. If any associate circuit judge, or any resident of thecounty, shall refuse or neglect to perform the duties assigned tohim, respectively, or prescribed in this section, upon beingthereto required by either party, such associate circuit judge orother person shall forfeit and pay to the party making theapplication a sum not exceeding twenty-five dollars, to berecovered before any associate circuit judge of the county ofwhich he is an inhabitant, and shall, moreover, be liable to theparty aggrieved, except that no property shall be entered upon ordisturbed, or the title divested under the provisions of thissection, until the amount assessed by the commissioners or thecircuit court shall be paid to such landowner, or deposited withthe associate circuit judge, or in court or with the clerkthereof, for such owners.
(RSMo 1939 § 5160, A.L. 1990 H.B. 1070)Prior revisions: 1929 § 4687; 1919 § 9877; 1909 § 3076