§ 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 the landowner the amount paid as damages less the damages that accrued to the owner in consequence of locating the railroad across the owner’s lands, which shall be ascertained by the Transportation Board. The landowner, if the landowner chooses, may convey to the corporation the located upon land and retain the awarded sum. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2021, No. 105 (Adj. Sess.), § 31, eff. July 1, 2022.)