388.210. General and additional powers.
General and additional powers.
388.210. Every corporation formed under this chapter shall,in addition to the powers herein conferred, have power:
(1) To cause such examination and survey for its proposedrailroad to be made as may be necessary to the selection of themost advantageous route, and for such purpose, by its officers,agents or servants, to enter upon the lands or waters of anyperson; but such corporation shall be liable and subject toresponsibility for all damages which shall be done thereto;
(2) To take and hold such voluntary grants of real estateand other property as shall be made to it to aid in theconstruction, maintenance and accommodation of its railroads; butthe real estate received by voluntary grant shall be held andused for the purpose of such grant only;
(3) To lay out its road, not exceeding one hundred feet inwidth, and to construct the same; and, for the purpose ofcuttings and embankments, to take as much more land as may benecessary for the proper construction and security of the road,and to cut down any standing trees that may be in danger offalling on the road, making compensation therefor as provided inthis chapter and chapter 523, RSMo, for lands taken for the useof the company;
(4) To construct its road across, along or upon any streamof water, watercourse, street, highway, plank road, turnpike orcanal which the route of its road shall intersect or touch, butthe company shall restore the stream, watercourse, street,highway, plank road and turnpike thus intersected or touched toits former state, or to such state as not unnecessarily to haveimpaired its usefulness. Nothing herein contained shall beconstrued to authorize the erection of any bridge or otherobstruction across or over any stream navigated by steamboats atthe place where any bridge or other obstruction may be proposedto be placed, so as to prevent the navigation of such stream, norto authorize the construction of any railroad not already locatedin, upon or across any street in a city or road of any county,without the assent of the corporate authorities of said city, orthe county commission of such county;
(5) To cross, intersect, join and unite its railroad withany other railroad before constructed, at any point on its route,and upon the grounds of such other railroad company, with thenecessary turnouts, sidings and switches and other conveniences,in furtherance of the objects of its connections; and everycompany whose railroad is or shall be hereafter intersected byany new railroad shall unite with the owners of such new railroadin forming such intersections and connections, and grant thefacilities aforesaid; and if the two corporations cannot agreeupon the amount of compensation to be made therefor, or thepoints and manner of such crossings and connections, the sameshall be ascertained and determined by commissioners to beappointed by the court, as is provided in this chapter andchapter 523, RSMo, for the condemnation of lands for railroadpurposes;
(6) To take and convey persons and property on theirrailroad by the power or force of steam or of animals, or by anymechanical power, and to receive compensation therefor;
(7) To erect and maintain all necessary and convenientbuildings, stations, fixtures and machinery for the accommodationand use of their passengers, freights and business;
(8) From time to time to borrow such sums of money as may benecessary for the completion, equipment or repair of theirrailroad, or for the funding of any floating debt, or for themaking of any addition or extension thereto authorized by theircharter, or for the making connection with any bridge by tunnelor otherwise; and for any or all of the purposes above named mayissue and dispose of their bonds for any amount so borrowed, andmay mortgage their corporate property and franchise, or any partthereof, to secure the payment of any debt contracted by thecompany for the purposes aforesaid, or any one of them; provided,such corporation shall not increase its bonded indebtednessunless it complies with the provisions of section 351.160, RSMo;
(9) To construct, maintain and operate in connection withany railroad bridge across any watercourse or navigable stream ofwater within this state a toll bridge for the passage of wagons,vehicles, foot passengers and animals, and to charge reasonablerates of toll therefor; provided, however, that any such tollbridge shall not be so constructed as to prevent the navigationof such watercourse or stream of water.
(RSMo 1939 §§ 5128, 5139, A. 1949 H.B. 2101, A.L. 1969 p. 528)Prior revisions: 1929 §§ 4655, 4666; 1919 §§ 9850, 9856; 1909 §§ 3049, 3055
CROSS REFERENCES:
Stock or bond, issue to be approved by public service commission, RSMo 387.270, 387.280
(1951) Conveyance to railroad corporation of land in excess of that required for right-of-way by warranty deed for substantial consideration vests fee simple title in such corporation. Clay v. Mo. Highway Comm., 362 Mo. 60, 239 S.W.2d 505.
(1981) Power of eminent domain includes right to survey in anticipation of and preparation for condemnation. State ex rel. Rhodes v. Crouch (Mo.), 621 S.W.2d 47.
(1995) "Voluntary grant" means a conveyance without valuable consideration. Jordan v. Stallings, 911 S.W.2d 653 (Mo.App.S.D.)