§ 82. Location of route. Before commencing the construction of its
pipe line in any county, and before commencing any proceeding for the
condemnation of real property, such a corporation shall plainly mark the
route adopted and located by it by stakes consecutively numbered and
placed not more than twenty rods apart, and shall make a map and survey
of the route so located indicating thereon the points where such route
crosses each parcel of land not theretofore acquired, and shall cause
such map and survey to be certified by its president and engineer, and
filed in the office of the clerk of each county into or through which
such route passes. Such corporation shall give written notice of the
filing of such map and survey to the owner or occupant of every such
parcel of land, if he is known or can be ascertained, stating that such
route passes over or across his lands, as indicated thereon by such line
of stakes. Within fifteen days after the service of such notice, any
such owner or occupant feeling aggrieved by such location may give ten
days' written notice to the corporation, by service thereof upon its
president, engineer, or any director, and like notice to the owner or
occupant of any lands to be affected by the alteration of route to be
proposed, of the time and place of an application to a special term of
the supreme court in the judicial district in which the lands are
situated for the appointment of commissioners to relocate such route. If
the court shall determine that sufficient cause exists therefor, it
shall appoint three disinterested persons as commissioners to examine
the route located and the proposed alteration thereof, and direct the
mode of proceeding. The commissioners shall report to the court the
facts and their opinion as to the proposed alteration, and what, if any,
alteration should be made in such route, and the court shall thereupon
make an order finally determining the location of such route upon the
lands embraced therein, and fixing and adjusting the costs, fees, and
charges of the commissioners, and the costs and expenses of the
proceedings, and directing by which party the same shall be paid.
Payment thereof may be enforced by proceedings as for a contempt. Such
corporation shall not begin to construct or lay its line of pipe, or
commence proceedings for the condemnation of real property, in any
county, until after the expiration of fifteen days from the service of
the notice herein required, nor until all applications for a relocation
of its route in such county, if any are made, have been finally
determined.