Page:United States Statutes at Large Volume 31.djvu/575

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 523 (10 Tramway lines. S1 Electric power lines. · Ec. 205. That the followinlg is a classification of the estates and m§V¤g);¤;g¢¢\$;é¤?)d . rights in lands subject to be ta en for public use: conhemnanlin. Y (1) A fce simple, when taken for public buildin S or grounds, or for permanent buildings, for reservoirs and dams, and permanent ilooding occasioned thereby, or for an.outlet for a flow, or a place for the deposit of débris or tailings of a mine. (2) An easement when taken for any other use. (3) The right of entry upon and occupation of lands, and the right to take therefrom such earth, gravel, stones, trees, and timber as may be necessary for some public use. SEc. 206. The private property which may be taken under this négyzjgwvgngde chapter includes: ma.' se u °r` (1) All real property belonging to any person. (2) Lands belonging to the district, or to any precinct, city, town, village, or other municipal division, whether incorporated or unincorporated, not appropriated to some public use. (3) Property appropriated to public use; but such roperty must not be taken unless for a more necessary purpose than that to which it has already been appropriated. (4) Franchises or roads, bridges, and ferries, and all other franchises; but such franchises must not be taken unless for free highways, free bridges, railroads, or other more necessary public use. (5) All rights of way for any and all the urposes mentioned in section two hundred and four, and any and all structures and improvements thereon, and the lands held and used in connection therewith, must be subject to be connected with, crossed, or intersected by any other right 0 way or improvements or structures thereon. They must also be subject to a limited use, in common with the owner thereof, when necessary; but such uses, crossings, intersections, and connec- · tions must be made in manner most compatible with the greatest public beneit and least private injury. (6) All classes of private property] not enumerated may be taken for public use, when such taking is authorized by law. 4 A Sec. 207. Before propert can be taken it must appear: b§`§g,*,§,d”gg*;g°,*;'§,’0,*{f la (1) That the use to which it is to be applied is a use authorized by cdcmmtion. w. (2 That the taking is necessary to such use. (3 If already appro riated to some public use that the public use to which it is to be a rilied is a more necessary public use. The plaintiif or dedendant or any party interested in the proceedings mn appeal to the United States circuit court of appeals for the ninth · circu1t_from an finding or judgment made or rendered under this chzpter, as in other cases. Such appeal does not stay any further proce ings under this chapter. ‘ ._ SEc. 208. In all cases where land is required for public use, the dis- 10§:,§f,‘§“m’§“§¤§}k,j trict, or its agents in charge of such use, may! survey and locate the ¤¤¤·k<= ¤¤¤·v¤v¤- same; but it must be located in the manner w ich will be most compatible with the greatest public good and the least private injury, and subject to the provisions of section two hundred and thirteen. The district, or its agents in charge of such public use, may enter upon the land and make examination, surveys, and maps thereo, and suc ent shall constitute no cause of action in favor 0 the owners of the lang: except from injuries resulting from negligence, wantonness, or malice. Sec. 209. All proceedings under lihlS chapter mas:. be brought in d,·;tr“{',i{d*cg{L>g* 0* M the district court of the district. They must be commenced by filing` a complaint and issuin a simmons thereon. Sec. 210. The complaint must contain: mTg{,$,°tg,’;§*“¤* md (1) The name of the corporation, association, commission, or person `