§ 1-51. Five years.
§1‑51. Five years.
Within five years
(1) No suit, action orproceeding shall be brought or maintained against a railroad company owning oroperating a railroad for damages or compensation for right‑of‑wayor use and occupancy of any lands by the company for use of its railroad unlessthe action or proceeding is commenced within five years after the lands havebeen entered upon for the purpose of constructing the road, or within two yearsafter it is in operation.
(2) No suit, action orproceeding shall be brought or maintained against a railroad company fordamages caused by the construction of the road, or the repairs thereto, unlesssuch suit, action or proceeding is commenced within five years after the causeof action accrues, and the jury shall assess the entire amount of damageswhich the party aggrieved is entitled to recover by reason of the trespass onhis property. (1893, c. 152; 1895, c. 224; 1897, c. 339; Rev., s.394; C.S., s. 440.)