69-14-901. Authorization to locate and erect grain warehouse or elevator on railroad right-of-way. (1) Any person, firm, or corporation desirous of erecting and operating at or contiguous to any railway station or siding a warehouse or elevator for the purchase, sale, shipment, or storage of grain, including flaxseed, for the public for hire may make application in writing, containing a description of that portion of the right-of-way of the railroad on which the person, firm, or corporation desires to erect a warehouse or elevator, the size and capacity of the warehouse or elevator proposed to be erected, and the time for which it is desired to maintain the warehouse or elevator. The application must be made to the person, firm, or corporation owning, leasing, or operating the railroad at the station or siding, for the right, privilege, and easement of erecting and maintaining for the time stated in the application and for reasonable compensation for the warehouse or elevator upon the right-of-way pertaining to the railway at the siding or station and within and between the outside switches of the yard of the railway station or siding. Upon paying or securing in the manner prescribed in this section reasonable compensation for the right, privilege, and easement, the person, firm, or corporation is absolutely and unconditionally entitled to the right, privilege, and easement.

(2) The application must also state the amount the applicant considers reasonable compensation for the right, privilege, and easement the applicant desires to acquire, and the applicant shall tender and pay to the person, firm, or corporation from whom the easement is sought the sum stated in the application.

(3) If the person, firm, or corporation owning, leasing, or operating the railroad is not willing to allow the portion of the right-of-way selected by the applicant to be appropriated for the stated purpose and the parties cannot agree as to the quantity and location of the land upon which the grain warehouse or grain elevator is to be erected, the matter must be determined by the district court in the same manner and by the same proceeding for determining the amount of compensation to be paid when the parties cannot agree as to the amount.

History: (1), (3)En. Sec. 1, Ch. 43, L. 1913; re-en. Sec. 6638, R.C.M. 1921; re-en. Sec. 6638, R.C.M. 1935; Sec. 88-201, R.C.M. 1947; (2)En. Sec. 2, Ch. 43, L. 1913; re-en. Sec. 6639, R.C.M. 1921; re-en. Sec. 6639, R.C.M. 1935; Sec. 88-202, R.C.M. 1947; R.C.M. 1947, 88-201, 88-202(part); amd. Sec. 2045, Ch. 56, L. 2009.