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U.S. Code as of:
01/19/04
Section 314. Survey; maps; compensation
The line of route of said road may be surveyed and located
through and across any of said lands at any time, upon permission
therefor being obtained from the Secretary of the Interior; but
before the grant of such right of way shall become effective a map
of the survey of the line or route of said road must be filed with
and approved by the Secretary of the Interior, and the company must
make payment to the Secretary of the Interior for the benefit of
the tribe or nation, of full compensation for such right of way,
including all damage to improvements and adjacent lands, which
compensation shall be determined and paid under the direction of
the Secretary of the Interior, in such manner as he may prescribe.
Before any such railroad shall be constructed through any land,
claim, or improvement, held by individual occupants or allottees in
pursuance of any treaties or laws of the United States,
compensation shall be made to such occupant or allottee for all
property to be taken, or damage done, by reason of the construction
of such railroad. In case of failure to make amicable settlement
with any such occupant or allottee, such compensation shall be
determined by the appraisement of three disinterested referees, to
be appointed by the Secretary of the Interior, who, before entering
upon the duties of their appointment, shall take and subscribe
before competent authority an oath that they will faithfully and
impartially discharge the duties of their appointment, which oath,
duly certified, shall be returned with their award to the Secretary
of the Interior. If the referees cannot agree, then any two of them
are authorized to make the award. Either party being dissatisfied
with the finding of the referees shall have the right within sixty
days after the making of the award and notice of the same, to
appeal, if said land is situated in any State or Territory other
than Oklahoma, to the United States district court for such State
or Territory, where the case shall be tried de novo and the
judgment for damages rendered by the court shall be final and
conclusive.
When proceedings are commenced in court as aforesaid, the
railroad company shall deposit the amount of the award made by the
referees with the court to abide the judgment thereof, and then
have the right to enter upon the property sought to be condemned
and proceed with the construction of the railway. Each of the
referees shall receive for his compensation the sum of $4 per day
while engaged in the hearing of any case submitted to them under
sections 312 to 318 of this title. Witnesses shall receive the fees
usually allowed by courts within the district where such land is
located. Costs, including compensation of the referees, shall be
made part of the award or judgment, and be paid by such railroad
company.
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