§ 942-3. — Condemnation of land.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC942-3]
TITLE 43--PUBLIC LANDS
CHAPTER 22--RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS
Sec. 942-3. Condemnation of land
Where any company, the right of way to which is granted by sections
687a, 687a-2 to 687a-5,\1\ and 942-1 to 942-9 of this title and sections
607a and 615a of title 16, shall in the course of construction find it
necessary to pass over private lands or possessory claims on lands of
the United States, condemnation of a right of way across the same may be
made in the following manner: In case the owner or claimant of such
lands or premises and such company can not agree as to the damages, the
amount shall be determined by the appraisal of three disinterested
commissioners, who may be appointed upon application by any party to any
judge of a court of record in Alaska; and said commissioners, in their
assessments of damages, shall appraise such premises at what would have
been the value thereof if the road had not been built; and upon return
into court of such appraisement, and upon the payment to the clerk
thereof of the amount so awarded by the commissioners for the use and
benefit of the owner thereof, said premises shall be deemed to be taken
by said company, which shall thereby acquire full title to the same for
the purposes aforesaid. And either party feeling aggrieved by said
assessment may, within thirty days, file an appeal therefrom, and demand
a jury of twelve men to estimate the damage sustained; but such appeal
shall not interfere with the rights of said company to enter upon the
premises taken, or to do any act necessary in the construction of its
road. And said party appealing shall give bonds with sufficient surety
or sureties for the payment of any costs that may arise upon such
appeal. And in case the party appealing does not obtain a more favorable
verdict, such party shall pay the whole cost incurred by the appellee,
as well as its own. And the payment into court for the use of the owner
of claimant, of a sum equal to that finally awarded shall be held to
vest in said company the title of said land, and the right to use and
occupy the same for the construction, maintaining and operating of the
road of said company. And in case any of the lands to be taken as
aforesaid shall be held by any person residing without the Territory, or
subject to any legal disability, the court may appoint a proper person
who shall give bonds with sufficient surety or sureties, for the
faithful execution of his trust, and who may represent in court the
person disqualified or absent as aforesaid, when the same proceeding
shall be had in reference to the appraisement of the premises to be
taken, and with the same effect as has been already described. And the
title of the company to the land taken by virtue of this section shall
not be affected nor impaired by reason of any failure by any guardian to
discharge faithfully his trust. And in case it shall be necessary for
the said company to enter upon lands which are unoccupied, and of which
there is no apparent owner or claimant, it may proceed to take and use
the same for the purpose of its said railroad, and may institute
proceedings in the manner described for the purpose of ascertaining the
value of, and acquiring a title to, the same; and the court may
determine the kind of notice to be served on such owner or owners, and
may in its discretion appoint an agent or guardian to represent such
owner or owners in case of his or their incapacity or nonappearance. But
in case no claimant shall appear within six years from the time of the
opening of said road across any land, all claims to damages against said
company shall be barred. It shall be competent for the legal guardian of
any infant, or any other person under guardianship, to agree with the
said company as to damages sustained by reason of the taking of any
lands of any such person under disability, as aforesaid, for the use as
aforesaid; and upon such agreement being made, and approved by the court
having supervision of the official acts of said guardian, and said
guardian shall have full power to make and execute a conveyance thereof
to the said company which shall vest the title thereto in the said
company.
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\1\ See References in Text note below.
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(July 2, 1864, ch. 216, Sec. 3, 13 Stat. 357; May 14, 1898, ch. 299,
Sec. 4, 30 Stat. 410.)
Repeal of Section
Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
insofar as applicable to the issuance of rights-of-way over, upon,
under, and through the public lands and lands in the National Forest
System.
References in Text
Sections 687a and 687a-2 to 687a-5 of this title, referred to in
text, were repealed by Pub. L. 94-579, title VII, Secs. 703(a), 704(a),
Oct. 21, 1976, 90 Stat. 2789, 2792.
Codification
The first sentence of this section to the colon is from section 4 of
act May 14, 1898, which, as originally enacted, provided that the
condemnation might be made in accordance with section 3 of act July 2,
1864. The remainder of this section is from section 3 of act July 2,
1864, incorporated herein for convenience of reference. The proviso of
section 4 of act May 14, 1898, is classified to section 942-4 of this
title.
Section was formerly classified to section 413 of Title 48,
Territories and Insular Possessions.
Savings Provision
Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
rights-of-way not to be construed as terminating any valid lease,
permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub.
L. 94-579, set out as a note under section 1701 of this title.
Section Referred to in Other Sections
This section is referred to in sections 936, 942-1, 942-4, 942-5,
942-6, 942-7, 942-8 of this title; title 16 section 3215.
