Actions against corporations appropriating private property

(a) Whenever any corporation authorized by law to appropriate private property for its use shall have entered upon and appropriated any real or personal property, the owner of the property shall have the right to bring an action against the corporation in the circuit court of the county in which the property is situated for damages for the appropriation at any time before an action at law or in equity for the recovery of the property so taken, or compensation therefor, would be barred by the statute of limitations. (b) The measure of recovery in the action shall be the same as that governing proceedings by corporations for the condemnation of property. (c) Proceedings instituted under this section shall be governed by the rules of pleading and practice prescribed for the government of proceedings in the circuit court. (d) The defendant shall have the right to bring in all parties having or claiming an interest in the property in controversy. (e) The court shall make the proper orders of the distribution of the compensation recovered in the action among the parties as may be entitled thereto and shall include in the judgment in the proceedings an order condemning the property for the public use to which it may have been appropriated. Acts 1893, No. 149, §§ 1, 2, p. 261; C. & M. Dig., §§ 3930-3932; Pope's Dig., §§ 4931-4933; A.S.A. 1947, §§ 35-101, 35-102.

(a) Whenever any corporation authorized by law to appropriate private property for its use shall have entered upon and appropriated any real or personal property, the owner of the property shall have the right to bring an action against the corporation in the circuit court of the county in which the property is situated for damages for the appropriation at any time before an action at law or in equity for the recovery of the property so taken, or compensation therefor, would be barred by the statute of limitations.

(b) The measure of recovery in the action shall be the same as that governing proceedings by corporations for the condemnation of property.

(c) Proceedings instituted under this section shall be governed by the rules of pleading and practice prescribed for the government of proceedings in the circuit court.

(d) The defendant shall have the right to bring in all parties having or claiming an interest in the property in controversy.

(e) The court shall make the proper orders of the distribution of the compensation recovered in the action among the parties as may be entitled thereto and shall include in the judgment in the proceedings an order condemning the property for the public use to which it may have been appropriated.

Acts 1893, No. 149, §§ 1, 2, p. 261; C. & M. Dig., §§ 3930-3932; Pope's Dig., §§ 4931-4933; A.S.A. 1947, §§ 35-101, 35-102.