Page:Interregional Highways.pdf/178

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
148
INTERREGIONAL HIGHWAYS

account of such a propriation of his land or other property and the amount so fixed shall be paid out of the state treasury from moneys appropriated for such elimination from the proceeds of such state bonds but not until there shall have been filed with the comptroller, a certificate of the attorney-general showing the person or persons claiming the amount so agreed upon to be legally entitled thereto, and the railroad corporation or corporations and the county or counties shall pay to the state their proportionate shares as prescribed by this act of any amount so agreed upon as part of the cost of such elimination.

8. Any owner may present to the court of claims a claim for the value of such property appropriated and for legal damages, as provided by law for the filing of claims with the court of claims. Awards and judgments of the court of claims shall be paid in the same manner as awards and judgments of that court for the acquisition of lands generally and shall be paid out of the state treasury from moneys appropriated for such elimination from the proceeds of such state bonds, and the railroad corporation or corporations and the county or counties sharing in the cost of such elimination, shall pay to the state their proportionate shares as fixed by this act of any such judgment as a part of the cost of such elimination; and if necessary, the comptroller shall revise or supplement his determination, as prescribed by this act, relative to times, amounts, and manner of repayments to the state by such railroad corporation or corporations and the county or counties bearing a part of the cost of the elimination, so as to provide for the payment to the state of the part of such judgment chargeable hereunder to such corporation or corporations and such county or counties.

9. The expense of such acquisition, including the cost of making surveys and preparing descriptions and maps of lands to be acquired, serving notices of appropriation, making appraisals and agreements and of searches ordered and examinations of title made by the attorney-general, shall be deemed part of the cost of such elimination and shall be borne in the proportions prescribed by this act.

*******

17. If any lands, including lands under water, and easement rights, which the public service commission may deem necessary in the elimi- nation of any crossing are owned by the state, such commission shall deliver the approved description and map of such lands and easement rights to the department of public works and shall direct such department to make application to the board of commissioners of the land office for the transfer of the control or jurisdiction of such lands and easement rights to such department for the purpose of accomplishing such elimination. Upon such application being filed, the board of commissioners of the land office may transfer control or jurisdiction of such lands and easement rights to the department of public works for the purpose of accomplishing such elimination upon such terms and conditions as such board may prescribe, provided, however, that such transfer shall not become effective until the said terms and conditions have been accepted and approved by the officer, board, commission or agency which had control or jurisdiction over such lands and easement rights.

Upon such transfer being so accepted and approved, the department of public works shall cause a certified copy of the description and map of such lands and easement rights to be filed in the office of the department of state, and shall notify the public service commissioner of such filings.