372:17 Reduction of Damage. –
If the landowner's damages are reduced upon appeal, the proprietors of the railroad shall have judgment and execution against him for the amount of such reduction if he has taken the damages tendered to him; but, if he has not taken such damages, the proprietors may retain the amount of such reduction from the tender, or, if the damages have been paid to the state treasurer, the proprietors shall be entitled to have such reduction returned to them by the treasurer.