§ 3540 - -Change after damages are paid
§ 3540. -Change after damages are paid
When the location of a railroad is changed after the payment of damages to a landowner, and a portion of the lands of such owner is not taken for the new location, the lands taken for the first location shall revert to the owner. The railroad corporation may recover from such landowner the amount so paid as damages, deducting therefrom the damages which accrued to him in consequence of locating the railroad across his lands, which shall be ascertained by the transportation board. The landowner, if he chooses, may convey to the corporation the land so located upon, and retain the sum so awarded. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)