Legislature may hold ses CHAPTER XCIV. TERMINATION OF THE FIRST SESSION OF THE LEGIS- H. J. R. Resolution fixing the Termination of the First Session of the Be it resolved and enacted by the Legislature of the State That the first regular session of the Legislature of the State of Utah expires by limitation of law on the sion on Sunday. fifth day of April, A. D. 1896, and that legislative sessions may and should be held, and executive action upon pending measures had, upon said day to the same extent and with the same effect as though said day were not Sunday, and that this resolution shall take immediate effect. Approved April 4, 1896. Irrigation of and, mining, milling, smelt ing, etc., of ores, and generation of electric power a public use. CHAPTER XCV. EMINENT DOMAIN. AN ACT to encourage the Irrigation of Land, the Mining, Milling, Smelting and other reduction of Ores, and the use and application of the Unappropriated Waters of Natural Streams and Water-courses to the Generation of Electrical Force and Energy, and to provide for the exercise of the right of Eminent Domain therefor. Be it enacted by the Legislature of the State of Utah: SECTION 1. The cultivation and irrigation of the soil, the production and reduction of ores, are of vital necessity to the people of the State of Utah; are pursuits in which all are interested and from which all derive a benefit; and the use and application of the unappropriated waters of the natural streams and watercourses of the State to the generation of electrical force or energy to be employed in industrial pursuits are of great public benefit and utility. So irrigation of land, the mining, milling, smelting or other reduction of ores, and such use and application of such waters for the generation of electrical power to be employed as aforesaid are hereby declared to be for the public use, and the right of eminent domain may be exercised in behalf thereof. Eminent domain. Sec. 2. Any person, company or corporation which Right of way. may be prior to the commencement of the special proceedings in this act provided for, engaged in the irrigation of lands, or in mining, milling, smelting or other reduction of ores may acquire real estate or the right of way through the same, when necessary, or any right, title, interest, or estate or claim therein, which may be necessary, for the purposes of any such business; and any association, company or corporation which may be prior to the commencement of the special proceedings of this act provided for, formed or organized for the purpose of using and applying any of the unappropriated waters of any natural stream or water-course in the State, to the generation of electrical force or energy, to be transmitted, sold, furnished and supplied to those who may desire to use such force or power or energy in any industrial pursuit, or for any useful or beneficial purpose, may acquire real estate or right of way through the same, when necessary, or any right, title, interest, or estate or claim therein, which may be necessary, for the purpose of any such business, by means of the special proceedings prescribed by this act. The said proceedings shall be substantially as fol- Proceedings to lows: secure. contents. There shall be filed in the clerk's office, of the dis- Petition; trict court, in the county where the real estate is situated, a petition verified according to law, stating therein the name of the person, company or corporation presenting the petition, that they are engaged in the business of irrigation, or of mining, milling, smelting, or other reduction of ores, as the case may be, or that they are formed or organized for the purpose of using and applying the unappropriated waters of some natural stream or water-course in the State to the generation of electrical force or energy to be transmitted, sold, furnished, and supplied to those who may desire to use such force or energy in any industrial pursuit or for any useful or beneficial purpose; the description by metes and bounds, or by some accurate designation of the tract or tracts of land desired to be appropriated Occupants or owners of land may show cause. Hearing of petition. Occupants and owners to be notified. Hearing in court. for the purpose of such business, and in case such petitioner desires to construct and maintain a ditch or flume or other aqueduct for the passage of water, or a line of poles and wires or other appliances for the conducting or transmission of electrical force or energy such designation or description shall embrace the name by which the ditch, flume or other aqueduct or line of poles and wires or other appliances for the transmission of such electrical force shall be known and the names of the places which shall constitute the termini of said ditch, flume or aqueduct or line of poles and wires or other means of conducting or transmitting such electrical force or energy, and that a necessity exists therefor, setting forth the names of those in possession of said land and of those claiming any right, title or interest therein, so far as the same can be ascertained by reasonable diligence. Sec. 3. The persons in occupation of said tract or tracts of land, and those having any right, title, or interest therein, whether named in the petition or not, shall be defendants thereto, and may appear and show cause against the same, and may appear and be heard before the commissioners herein provided for, and in proceedings subject thereto, in the same manner as if they had appeared and answered said petition. Sec. 4. The said court or the judge thereof, either in term time or vacation, shall by order, appoint the time for the hearing of said petition, and such hearing may be had, and all orders in said proceedings may be made by the said court or the judge thereof, either in term time or vacation. Sec. 5. The petitioner shall cause all the occupants and owners of said tract or tracts of land, so far as the same can be ascertained by reasonable diligence, who reside in the State, to be notified by service of summons of the pendency of the said petition at least twenty days before the hearing thereof; and if any of said occupants or owners are unknown, or do not reside in the State and have not been personally notified of the pendency of the said petition, such petitioner shall cause the summons to be served as provided in sections 3210 and 3211 of the Compiled Laws of Utah, 1888. Sec. 6. The defendants to said petition may appear and show cause against said petition on or before the time for the hearing thereof, or such other time as the hearing may be continued to; and upon satisfactory proof being made that the defendants have been duly notified of the pendency of said petition, as herein prescribed; and upon the hearing of the allegations and proofs of the said parties, if the said court or judge shall be satisfied that the said lands, or any pa. し thereof, are necessary or proper for any of the purposes mentioned in the petition, then said court or judge shall appoint three competent and disinterested person: commission to as commissioners, one of whom shall be selected frou appraise lands. among the persons, if any named for that purpose by said petitioner, and one shall be selected from among the persons, if any, named on the part of any of the defendants to ascertain and assess the compensation to be paid to any person or persons, having or holding any right, title or interest in or to each of said tracts of land, for and in consideration of the appropriation of said land to the use of said petitioner. If any va Vacancy in cancy occur among such commissioners, by reason of any one or more of them refusing or neglecting to act, or by any other means, one or more commissioners may be appointed by said court or judge to fill such vacancy, upon notice being given of such vacancy as said court or judge may direct. commission. report of Sec. 7. The said court or judge shall appoint the time and place for the first meeting of said commission- Meeting and ers, and the time for filing their report, and may give commissioners. such further time as may be necessary for that purpose,i! they shall not then have completed their duties. The said commissioners or a majority of them shall meet at the time and place as ordered, and before entering upon their duties shall be duly sworn to honestly, faithfully, and impartially perform the duties imposed upon them; and any one of them may issue subpoena Commission for witnesses for either of said parties, and may admin may summon ister oaths; and said commissioners may adjourn from place to place, and from time to time, as may be necessary for the proper discharge of their duties. Sec. 8. The said commissioners shall proceed to witnesses. compensation view the several tracts of land, as ordered by said court, Land to be or judge, and shall hear the allegations and proof of viewed. said parties, and shall ascertain and assess the compen- Assessment of sation for the land sought to be appropriated to be paid for land. by said petitioner to the person or persons having or holding any right, title or interest in or to each of the several tracts of land; and such commissioners shall, on or before the time or times as ordered by said court or judge, file in said clerk's office, their report, signed by them or a majority of them, setting forth their proceedings in the premises; and they may include all of said tracts in one report, or they may make several reports, including one or more of said tracts of land, if the court or judge shall so order, or if they shall deem Adverse claims. t proper. In case there are adverse or conflicting claims to the compensation assessed for any tract of land, or any right, title or interest, therein, thus sought to be appropriated, the parties thus asserting such claim shall present the same by petition to the court, or judge after the report of the commissioners shall have been filed, and the said court or judge shall proceed to hear and determine the same; and in such cases said petitioner may pay the amount of such compensation to the clerk of said court, to abide the order of the court or judge in said proceedings, and said petitioner shall not be liable for any of the costs caused by the adjudication of such conflicting claims. trial. Sec. 9. The said petitioner or any of said defendMotion for new ants, if dissatisfied with the report, may within twenty days after the time of filing said report, and after ten days notice to the parties interested, move to set aside the report, and to have a new trial as to any tract of land, on good cause shown therefor, and the said court or judge, shall set aside the report as to such tract of land, and may recommit the matter to the same or to other commissioners, who shall be ordered to proceed in like manner as those first appointed, but such matRecommittal to ter shall not be more than twice recommitted to commissioners. commission. report. Sec. 10. Upon the expiration of twenty days after Confirmation of the filing of said report or reports, or at such further time as may be appointed therefor, if the motion and notice shall not have been made and given as aforesaid, and if the proceedings of said commissioners appear to have been correctly and properly done, the said court or judge shall confirm each of said reports and certify the same thereon. Recording. Amendment of pleadings. Sec. 11. Each of said reports and the certificates thereon upon the compensation therein being paid, shall be recorded in the recorder's office of said county, by said petitioner. The said court or judge may make all such orders as may be necessary or proper in the special proceedings provided for in this act, and shall cause the pleadings and proceedings to be amended, |
