Section 90. Poles and wires on reservation


Latest version.
  • Any company may erect poles and
      wires,  and  other  necessary  fixtures thereto, across the lands of the
      Seneca Indians on the Tonawanda reservation, provided the company  shall
      pay  to  the  Indians  to  whom  allotments have been made, and on whose
      premises telephone or telegraph poles  for  the  purpose  of  supporting
      wires  have been or may hereafter be erected, damages therefor, which in
      case of inability to agree thereon, shall be ascertained in  the  manner
      provided  in the eminent domain procedure law. And in case the poles are
      erected on lands that have not been allotted to  any  Indian,  then  the
      said  company  shall  pay a like sum to the district attorney of Genesee
      county, who shall distribute the same in accordance with the  provisions
      of  section eighty-six of this article. And in case any company may have
      already erected poles, or in case any company may hereafter erect  poles
      without  paying  therefor in accordance therewith, then the said Indians
      are authorized to maintain actions  of  ejectment  against  the  company
      therefor,  in  the same manner as citizens of this state, and as if they
      were owners in severalty of the lands so allotted to them. In  case  the
      lands  are  not  allotted,  then such an action may be prosecuted in the
      name of the Tonawanda band of Seneca Indians.  The  provisions  of  this
      article shall not apply to the existing lines of any such company, which
      has  heretofore  obtained  the  consent  of  said  Seneca Indians to the
      erection  of  such  existing  lines  and  shall  have  paid  a  valuable
      consideration  for  the  same,  so  far as such existing lines have been
      erected upon lands that have not been allotted.