Sec. 13b-245. (Formerly Sec. 16-77). Right to take land limited; land of infants and others.
Sec. 13b-245. (Formerly Sec. 16-77). Right to take land limited; land of infants
and others. No land shall be taken without the consent of its owner, except within two
years after the approval of the location of the route by the Commissioner of Transportation. When the land of any infant, cestui que trust or person non compos mentis is
necessary for the construction of a railroad, such land may be taken on giving notice to
the trustee of such cestui que trust, the guardian, either natural or appointed, of such
infant or the conservator of such person non compos mentis, who may give a release
for all damages for lands so taken, as fully as if the same were held in his own right.
(1949 Rev., S. 5466; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 610.)
History: P.A. 75-486 substituted "public utilities control authority" for public utilities "commission", effective December 1, 1975; P.A. 77-614 substituted "commissioner of transportation" for "public utilities control authority", effective
January 1, 1979; in 1981 Sec. 16-77 transferred to Sec. 13b-245.
Annotations to former section 16-77:
This section applies to all railroad companies, whether organized under general law or special charter, in absence of
express provision to contrary. 72 C. 687. Adoption of layout exhausts company's power of election; 73 C. 509; nor can it
readopt layout so as to set limitation running again. 74 C. 662; 81 C. 645; 92 C. 356.