How highways occupied. If it shall be necessary, in the location of any part of any railroad, to occupy any road, street, alley or public way or ground of any kind, or any part thereof, it shall be competent for the municipal, or other corporation, or public officer, or public authorities owning or having charge thereof, and the railroad corporation, to agree upon the manner, and upon the terms and conditions upon which the same may be used or occupied; and if said parties shall be unable to agree thereon, and it shall be necessary, in the judgment of the directors of such railroad corporation, to use or occupy such road, street, alley, or other public way or ground, such corporation may appropriate so much of the same as may be necessary for the purpose of such road, in the same manner and upon the same terms as are provided in this chapter for the appropriation of the property of individuals. Provided, however, that if any railroad shall be so located as to occupy any road or public way, constructed by any road improvement district organized under the laws of this state, for a greater distance than one-fourth (1/4) of one (1) mile, before any such railroad shall acquire the right to enter upon, use, occupy and maintain its railroad along such, and upon such public highway, it shall file in the office of the county clerk, in the county wherein such road improvement district is located, a statement showing the total length of the line proposed to be located along, and upon, such public highway, the amount of compensation they propose to pay to such road improvement district for the use of such public highway, and the time and manner in which such payment is to be made. Immediately upon the filing of such proposal, the county clerk shall notify the county commissioners and shall cause same to be published in one issue, at the expense of the railroad company, of some newspaper of general circulation within said road improvement district. The county commissioners shall meet within ten (10) days and shall immediately order an election to be held, within such road improvement district, for the purpose of submitting, to the qualified electors within such road improvement district, the question of accepting or rejecting the proposal of such railroad company. They shall pass all orders and resolutions necessary for the holding of such elections and shall canvass the returns thereof, and declare the result, and if three-fifths (3/5) of all the votes cast on such question shall be in favor of the acceptance of the proposal of said railroad company, the same shall be accepted and the board of county commissioners shall have power to execute all contracts and do all things necessary to secure to said road improvement district the performance of the conditions of such proposal of said railroad company.
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