66-501. Powers of railway corporation.
66-501
66-501. Powers of railway corporation.Every railway corporation shall, in addition to the powers hereinbeforeconferred, have power --
First. To cause such examination and survey for its proposedrailway to be made as may be necessary to the selection of the mostadvantageous route; and for such purpose, by its officers, agents orservants, to enter upon the lands or water of any person, but subject toliability for all damages which shall be done thereto.
Second. To take and hold such voluntary grants of real estateand other property as shall be made to it to aid in the construction,maintenance and accommodation of its railway; but the real estatereceived by voluntary grant shall be held and used for the purpose ofsuch grant only, and to purchase and hold, with power to convey, realestate, for the purpose of aiding in the construction, maintenance andaccommodation of its railway.
Third. To lay out its road, not exceeding one hundred feet inwidth, and to construct the same; and for the purpose of cuttings andembankments, to take as much more land as may be necessary for theproper construction and security of the road; and also such land as maybe deemed necessary for side tracks, depots, workshops and waterstations, materials for construction, except timber; a right-of-way overadjacent lands sufficient to enable such corporation to construct andrepair its roads and stations; a right to conduct water by aqueducts; aright of making proper drains; and to cut down any standing trees thatmay be in danger of falling on the road, making compensation therefor;and may take property under the power of eminent domain in the mannerset forth in K.S.A. 26-501 to 26-516, inclusive.
Fourth. To construct its road across, along or upon any streamof water, watercourse, street, highway, plank road, or turnpike, whichthe route of its road shall intersect or touch; but the company shallrestore the stream, watercourse, street, highway, plank road or turnpikethus intersected or touched, to its former state, or to such state as tohave not necessarily impaired its usefulness. Nothing herein containedshall be construed to authorize the construction of any railway notalready located in, upon or across any street in any city incorporate,or town, without the assent of the corporate authorities of such city.
Fifth. To cross, intersect, join and unite its railway with anyother railway at any point on its route, and upon the grounds of suchother railway corporation, with the necessary turnouts, sidings,switches and other conveniences in furtherance of the objects of itsconnections; and every railway which is or may hereafter be intersectedby any new railway may unite with the owners of such new railway informing such intersections and connections, and grant the facilitiesaforesaid; and if the two corporations cannot agree upon the amount ofcompensation to be made therefor, or the points and manner of suchcrossings and connections, the same shall be ascertained and determinedin the manner provided in section 81 [*] of this act.
Sixth. To take and convey persons and property on their railwayby the power of steam or of animals, or by any mechanical power, and toreceive compensation therefor.
Seventh. To erect and maintain all necessary and convenientbuildings, stations, fixtures and machinery for the accommodation anduse of their passengers, freights and business.
Eighth. To regulate the time and manner in which passengers andproperty shall be transported, and the compensation to be paid therefor;said compensation not to exceed the rates fixed by law.
Ninth. From time to time to borrow such sums of money as may benecessary for completing and finishing or operating their railway, andto issue and dispose of their bonds for any amount so borrowed, and tomortgage their corporate property and franchises to secure the paymentof any debt contracted by the corporation for the purpose aforesaid.
History: G.S. 1868, ch. 23, § 47; R.S. 1923, 66-501; L. 1963, ch. 234, § 81;Jan. 1, 1964.