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 said railroad on which such 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 such warehouse or elevator, to the person, firm, or corporation owning, leasing, or operating the railroad at such station or siding, for the right, privilege, and easement of erecting and maintaining for the time stated in such application and for reasonable compensation for such warehouse or elevator, as aforesaid, upon the right-of-way pertaining to such railway at such siding or station and within and between the outside switches of the yard of such railway station or siding, and upon paying or securing in the manner hereinafter prescribed reasonable compensation for the right, privilege, and easement aforesaid, shall absolutely and unconditionally be entitled to the same.
     (2) The application shall also state the amount the applicant deems reasonable compensation for the right, privilege, and easement he desires to acquire, and said applicant shall tender and pay to such person, firm, or corporation from whom such easement is sought the sum stated in such application.
     (3) If the person, firm, or corporation owning, leasing, or operating the railroad is not willing that the portion of the right-of-way selected by the applicant should be appropriated for such purpose and the parties cannot agree as to the quantity and location of the land upon which such grain warehouse or grain elevator shall be erected, the matter shall be determined by the district court in the same manner and by the same proceeding for determining the amount of compensation to be paid where 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).