§ 90. Poles and wires on reservation. 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.