§ 3535 - Right of action on nonpayment of damages
§ 3535. Right of action on nonpayment of damages
When a railroad corporation has entered upon and used land and real estate for the construction and accommodation of its railroad, and has, by its engineers, agents or servants, entered upon land contiguous to the railroad or the works connected therewith, and taken materials to use in the construction of its road, and has not paid the owner therefor, nor, within two years from such entry, had the damages appraised by commissioners, and an award made and delivered, a person claiming damages, within six years after such entry, may bring an action therefor before a district court, if the claim is not over $200.00, otherwise in the superior court. An answer justifying the entry under the act incorporating the company shall not bar the action, but the plaintiff shall recover only his actual damages. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)