SECTION. Chapter CCXIV. LOCATION AND CONSTRUCTION. 3160. What lands may be taken. 3461. Alteration of location. 3462. Where land is cut off from access to highway. 3463. Not to be laid out through cemetery. 3464. How lands may be taken. 3465. Damages, if road is never actually opened. 3466. Condemnation of easements, etc., reserved in a grant to the company. 3467. Owners may require a plan of land taken. 3468. Map of road to be filed with town clerk. 3469. Statement to be filed with Secretary. 3470. Payment of laborers. 3471. Crossing other roads. 3472 Contracts with connecting roads. 3473. Leases of railroads regulated. 3474. Record of conveyance or lease of interest in location. 3475. Certificate of assignment, etc., of interest in location, to be recorded. 3476. Crossing highways or water-courses 3477. Appeals from order authorizing crossing of streams. 3478. Warning boards at grade crossings. 3480. To be constructed so as not to cross $18. lay out road SEC. 3460. Every railroad company may lay out its G. S. 1875, 321, road not exceeding six rods wide, and for the purpose 1883, ch. 131. of cuttings, embankments, and procuring stone and Company may gravel, and for necessary turnouts, may take as much and take land. more real estate within the limits of its charter as may appraisal. on payment of be necessary for the proper construction and security of the road; but no real estate without the limits of said road shall be so taken without the permission of the parties interested therein, unless the Railroad Commissioners, on application of such company, and after notice to said parties, shall first prescribe the limits within Commissioners which real estate shall be taken for said shall prescribe and purposes, limits. no railroad shall lay out and finally locate its road without the written approbation of the location by said commissioners; and any company may change the location of its road, or of any section or part thereof, either before or after such location has been approved by the commissioners, provided such change is made before the con struction of said road or of said section or part thereof has been commenced, and is made with the written approbation of said commissioners; and provided, that all damages that may be occasioned to any person by the taking of any real estate for said purposes shall be paid for by said company as provided by law. G. S. 1875, 321, Alteration of SEC. 3461. Every railroad company, after its line of road shall have been located, approved, and established, may so far alter the location of such road as to change the radius of its curves, straighten and improve its lines, width, and extent of depot grounds, slopes, and embankments, and extend its lines of sight, when such changes are approved by the Railroad Commissioners, and may take lands for additional tracks, turnouts, and freight and passenger stations, and depots, also for the purpose of supplying water for the use of its engines and stations. A certificate of which changes or taking, duly signed by alteration to be such commissioners, shall be lodged for record in the town clerk's office in the town or towns in which such changes or taking is made. Certificate of recorded. 1884, ch. 88. Where land is taken and other SEC. 3462. When any railroad company shall take land for railroad purposes, the effect of which is to cut land is thereby off other land from practical access to the highway, said cut off from practical access railroad may, with the approval of the Railroad Comto the highway missioners, take additional land, sufficient to procure a convenient way from the land so cut off to the highway, and shall provide for the use of the owner of the land cut off as aforesaid a suitable way over such additional land to the highway. Said way shall remain a private way for the use of the owner of the land cut off as aforesaid, and the city or town in which it is situated shall not be liable for its maintenance nor responsible for its defects. For the purposes of this section, lands may be acquired in the manner provided by law for the taking of land by railroad companies. 1881, ch. 154. Railroad not to be laid out through cemetery. G. S. 1875, 321, taken, ap- 21 Conn., 294. 26 Conn., 249. SEC. 3463. No railroad company shall lay out or locate its road, or any part thereof, through any cemetery or any approach in common use from the highway thereto, and within one-quarter of a mile thereof, unless the Railroad Commissioners, when called upon to approve the proposed lay-out of said road, shall find that said cemetery, or the approach thereto, was located for the purpose of obstructing such lay out, or unless said commissioners shall unanimously approve such lay-out or location. SEC. 3464. When any railroad company shall have the right to take real estate for railroad purposes, and cannot obtain it by agreement with the parties interested therein, it may apply to any judge of the Superior Court for the appointment of appraisers to estimate all damages that may arise to any person from the taking and occupation of such real estate for railroad purposes, and after reasonable notice of said application shall have been given to all parties in interest, such judge shall appoint three appraisers, who shall be sworn, and give reasonable notice to said parties in regard to the time and place of making such estimate, and shall view the premises and estimate such damage, but shall not include in such estimate the expense of erecting and maintaining fences along the line of such railroad; and shall return an appraisal of such damages in writing, under their hands, to the clerk of the Superior Court in the county where the estate lies, who shall record it; and when so returned and recorded, such appraisal shall have the effect of a judgment, and execution may issue at the end of sixty days from the time of such return, in favor of the persons respectively to whom damages may be appraised; and said appraisers shall be paid by said. company for the time actually spent in making such appraisal and return; but no railroad shall be worked upon, or opened across any real estate, until the damages appraised to any person interested therein shall have been paid or secured to be paid to his satisfaction, or deposited with the treasurer of the county for his use. where road is SEC. 3465. When any real estate shall have been G. S. 1875, 322, laid out for railroad purposes, and the damages shall Land owners to have been appraised, and such road, or any part thereof, recover actual shall have been abandoned or discontinued before the damages only, same shall been opened and worked, no such execution discontinued before opened shall issue, nor shall an action be brought against said and worked. company for the recovery of such damages by any of the owners of land over which such road or part of a road shall have been laid out and discontinued as aforesaid; but any such owner may recover of such company the actual damage which he may have suffered in consequence of the laying out of the road, or for any unrea. sonable delay in opening and working the same. Condemnation by a railroad easements, etc., the company. SEC. 3466. When any grant or conveyance to any 1876, ch. 63. railroad company of any parcel or parcels of land or right of way reserves any right, title, interest, easement, company of or privilege in such land, or subjects such company to reserved in the special conditions or covenants, which reservations, con grant of land to ditions, or covenants may interfere with the furnishing by said company of reasonable and proper depot accommodations to the public, and such company cannot agree with the party or parties in interest as to the compensation or damages to be paid for the release of such reservation, condition, or covenant. such company may, with the approval of the Railroad Commissioners, condemn such reservation, condition, covenant. or restriction in the same manner as is provided in this chapter for taking, appraising, and paying for land. G. S. 1875, 322, $22. Owners may of land taken. SEC. 3467. When any railroad company shall take any property for the purpose of its railroad, the owner require a plan of such property may at any time within three years thereafter demand in writing of the treasurer of the company a written description of such property so taken, and said company shall within thirty days deliver to him such description; and if it fail to do so, all its rights to enter upon or use said property, except for making surveys, shall be suspended until it shall have so delivered such description. G. S. 1875, 322, $ 23. Corporation to road with town clerk. SEC. 3468. Within ninety days after the railroad of any company shall have been laid out in any town and deposit plan of approved by the Railroad Commissioners, such company shall deposit with the town clerk a correct plan, signed by its president, of so much of said railroad as lies in said town, drawn on a scale of at least five inches to the mile, upon which shall be accurately delineated the direction and length of each course, and the width of the land taken. G. S. 1875, 322, $ 24. Location of road to be filed in Secretary's office. G. S. 1875, 322, $25. Security from SEC. 3469. Every railroad company shall, within six months after the final location of its road, file a statement of such location, defining the courses and distances, with the Secretary of the State. SEC. 3470. Every railroad company, in making contracts for the building of its road, shall require sufficient contractors for security from the contractors for the payment of all paying laborers; liability of comlabor thereafter performed in constructing the road by pany therefor. persons in their employ; and the company shall be liable to the laborers employed for labor actually performed on the road, if they, within twenty days after the completion of such labor, shall, in writing, notify its treasurer that they have not been paid by the contractors. 1882, ch. 138. 1883, ch. 130. Crossing of one railroad by another. SEC. 3471. Any railroad company may, in the construction of its railroad, cross the railroad of any other company, or connect with the same; and if it cannot agree with such other railroad company, or the managers thereof, as to such crossing or connection, the Railroad Commissioners may determine the place and manner of such crossing or connection, after reasonable notice to the several companies in interest to appear and be heard in relation to the matters contained in such notices, and may make such orders as to bridges, abutments, piers, tunnels, arches, excavations, retaining walls, embankments, and approaches as they shall judge necessary; but no railroad shall cross any other railroad at grade, except for the purpose of connecting therewith, when the avoidance of a grade crossing is practicable, and the Railroad Commissioners shall be judges of the question tain railroad affected. of practicability. But this section shall not affect any Existing crossexisting grade crossing, or any grade crossing which has inge, and cerbeen authorized or approved by the Railroad Commis- and other sioners, or the crossing of the New York & New Eng-crossings not land Railroad by the Hartford & Connecticut Valley Railroad, authorized by the General Assembly at its January, 1882, session, nor shall it apply to the New Canaan Railroad, nor the Meriden & Cromwell Railroad. SEC. 3472. Any railroad company may make lawful G. S. 1875, 323, contracts with any other railroad company with whose contra railway its tracks may connect or intersect in relation to connecting or intersecting its business or property, and may take a lease of the roads. property or franchises of, or lease its property or franohises to, any such railway company, and may construct branches from the main line to any place in this State, subject to the provisions of this title. Contracts with Leases of rail SEC. 3473. No lease of any railroad made after 1878, ch. 65. April 25, 1878, shall be binding on either of the con- roads regulated. tracting parties for a period of more than twelve months, unless approved by the stockholders of the company or companies that are parties to the lease, by a vote of twothirds of the stock represented in person or by proxy, at a meeting of the stockholders called for that purpose, and at least one month's notice given of such meeting by advertising twice a week for four weeks in a daily paper published in the State, and also by mailing a copy of the call and of the lease to each stockholder; and said notice and call shall state that at the meeting the lease will be submitted for the approval of the stockholders. SEC. 3474. All conveyances by any railroad com- 1887, ch. 76. pany, or its assigns, of any interest in the location of its railroad, to be used or enjoyed for railroad purposes, of interest in may, and if in the nature of a lease, whether now in force or hereafter executed, for a term exceeding one year, shall, be recorded by the grantee or lessee in the office of the Secretary of the State. Record of conveyance or lease location. Certificate of SEC. 3475. Certificates of the assignment, release, or 1887, ch. 76. foreclosure of any interest or lien in or upon the loca- assignment, retion of any railroads, acquired under any such convey- lease, or foreance as specified in the preceding section, or by virtue of recorded. the general laws of the State, may be recorded in like manner, and with the same effect. closure, may be $28. courses. SEC. 3476. When it shall be necessary for the con- G. S. 1875, 323, struction of a railroad to intersect or cross any water- Crossing highcourse not navigable, or any public highway, the railroad ways or watercompany may construct said railroad across or upon the 27 Conn., 146. same if the Railroad Commissioners shall judge it necessary; but said company shall restore said water-course |