180 STATE LAND LAWS 



SECS. 252-253 CONDEMNATION CITIES WATERWAYS. 



SEC. 252. CITIES TIDE LAND IMPROVEMENT. 



The right of eminent domain is hereby extended to any such 

 city of the second class or third class for the condemnation of 

 lands and other property, either within or without the corporate 

 limits of such city, for the purpose of filling and draining such 

 marsh lands, swamp lands, low lands, tide lands or tide flats and 

 in so doing constructing said canals or water ways as con- 

 templated in chapter 16 of the Session Laws of 1913 ; and every 

 such city shall have the right to appropriate real estate or other 

 property for the rights of way of such canals or waterways or 

 whatever property is necessary to be appropriated or damaged 

 for the construction thereof, and the filling and draining of such 

 marsh lands, low lands, swamp lands, tide lands or tide flats and 

 for other uses provided for in said act; and all the provisions 

 of chapter 153 of the Session Laws of 1907, and acts amendatory 

 thereof shall be applicable and used in appropriating and damag- 

 ing lands as contemplated by this section except in so far as the 

 same may be inconsistent herewith ; and the right of eminent 

 domain authorized by this section shall be exercised in the same 

 manner and under the same procedure as is authorized by the 

 said act of the legislature of 1907, and acts amendatory thereof. 



(Laws '13, p. 45, sec. 21 ; 3 Rem.-Bal., sec. 7987-21.) 



. See section 251, supra, which is a part of the act of 1907 referred to 



in this section. See note thereto as to service of process. 



SEC. 253. EMINENT DOMAIN TO COMMERCIAL WATERWAY 

 DISTRICTS. 



All state, county, school district, or other lands belonging to 

 other public corporations shall be subject to the provisions of 

 chapter 11, Laws of 1911, and such corporations, by and 

 through the proper authorities, shall be made parties in all 

 proceedings thereunder affecting said lands, and shall have the 

 same rights as private persons, and their lands shall be subject 

 to the right of eminent domain the same as the lands of private 

 persons or corporations. (Laws '11, p. 43, sec. 44; 3 Rem.- 

 Bal., sec. 8208a; 437 sec. 115 Pierce.) 



Former Laws: Laws '09, special session, p. 34, sec. 43. 



Service of process: sec. 246, supra. 



