§ 314. — Survey; maps; compensation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC314]
TITLE 25--INDIANS
CHAPTER 8--RIGHTS-OF-WAY THROUGH INDIAN LANDS
Sec. 314. Survey; maps; compensation
The line of route of said road may be surveyed and located through
and across any of said lands at any time, upon permission therefor being
obtained from the Secretary of the Interior; but before the grant of
such right of way shall become effective a map of the survey of the line
or route of said road must be filed with and approved by the Secretary
of the Interior, and the company must make payment to the Secretary of
the Interior for the benefit of the tribe or nation, of full
compensation for such right of way, including all damage to improvements
and adjacent lands, which compensation shall be determined and paid
under the direction of the Secretary of the Interior, in such manner as
he may prescribe. Before any such railroad shall be constructed through
any land, claim, or improvement, held by individual occupants or
allottees in pursuance of any treaties or laws of the United States,
compensation shall be made to such occupant or allottee for all property
to be taken, or damage done, by reason of the construction of such
railroad. In case of failure to make amicable settlement with any such
occupant or allottee, such compensation shall be determined by the
appraisement of three disinterested referees, to be appointed by the
Secretary of the Interior, who, before entering upon the duties of their
appointment, shall take and subscribe before competent authority an oath
that they will faithfully and impartially discharge the duties of their
appointment, which oath, duly certified, shall be returned with their
award to the Secretary of the Interior. If the referees cannot agree,
then any two of them are authorized to make the award. Either party
being dissatisfied with the finding of the referees shall have the right
within sixty days after the making of the award and notice of the same,
to appeal, if said land is situated in any State or Territory other than
Oklahoma, to the United States district court for such State or
Territory, where the case shall be tried de novo and the judgment for
damages rendered by the court shall be final and conclusive.
When proceedings are commenced in court as aforesaid, the railroad
company shall deposit the amount of the award made by the referees with
the court to abide the judgment thereof, and then have the right to
enter upon the property sought to be condemned and proceed with the
construction of the railway. Each of the referees shall receive for his
compensation the sum of $4 per day while engaged in the hearing of any
case submitted to them under sections 312 to 318 of this title.
Witnesses shall receive the fees usually allowed by courts within the
district where such land is located. Costs, including compensation of
the referees, shall be made part of the award or judgment, and be paid
by such railroad company.
(Mar. 2, 1899, ch. 374, Sec. 3, 30 Stat. 991; Feb. 28, 1902, ch. 134,
Sec. 23, 32 Stat. 50.)
Section Referred to in Other Sections
This section is referred to in sections 312, 316, 317, 318, 322 of
this title.
