§314 Survey; Maps; Compensation

Summary

A railroad company may survey and run a line across tribal or allotted lands only after it gets permission from the Secretary of the Interior. Before the right of way takes effect, the company must file a map of the route with the Secretary and get it approved. The company must pay full compensation, through the Secretary, for the right of way and for any damage to buildings or nearby land. The Secretary decides how that payment is determined and made. If land is held by an individual occupant or allottee, the company must pay that person for any property taken or damaged before building starts. If the company and an occupant cannot agree on payment, the Secretary will appoint three neutral referees to appraise the compensation. The referees must swear an oath and send a signed award to the Secretary. Two referees can make the award if they cannot all agree. Either side can appeal the award within 60 days to the U.S. district court for the State or Territory where the land is located, except in Oklahoma; the court will retry the case and its judgment is final. When a court case starts, the railroad must deposit the referees’ award amount with the court and may then enter the land to build. Referees are paid $4 per day while hearing a case. Witnesses get normal court fees. All costs, including referee pay, are added to the award or judgment and must be paid by the railroad.