69-14-536. Extension of rail lines into Montana.
69-14-536. Extension of rail lines into Montana. (1) Any railroad corporation chartered by or organized under the laws of the United States or of any state may extend, construct, maintain, and operate its railroad into and through this state to any place within the state and may build branches from any point on the extension or continuation of any extension or branch. Before making an extension into the state or building any branch road or any continuation, the corporation shall, by resolution of its board of directors, to be entered in the records of its proceedings, designate the general route of the proposed extension, branch, or continuation and file a copy of the record, certified by the president and secretary, in the office of the secretary of state. The secretary of state shall record the resolution. After the recording, the corporations have all the rights, powers, privileges, immunities, and franchises to make, maintain, and operate the extension and build, maintain, and operate the branch or continuation, including the right of eminent domain as provided in Title 70, chapter 30, that it would have if it had been incorporated under the general laws of Montana. Any corporation of another state or of the United States extending its railroad or any portion of its railroad into or through this state:
(a) shall establish and maintain an office or offices in this state at some point or points on its line at which legal process and notice may be served, as upon railroad corporations of this state; and
(b) is subject to taxation and regulation and control by the laws of this state, in all respects as if the line were constructed by corporations organized under the laws of this state.
(2) Before any railroad corporation organized under the laws of any other state or of the United States is permitted to avail itself of the benefits of this section, the corporation shall file with the secretary of state a copy of its charter or articles of incorporation.
History: En. Sec. 702, 5th Div. Comp. Stat. 1887; re-en. Sec. 910, Civ. C. 1895; re-en. Sec. 4291, Rev. C. 1907; re-en. Sec. 6523, R.C.M. 1921; re-en. Sec. 6523, R.C.M. 1935; R.C.M. 1947, 72-221; amd. Sec. 49, Ch. 43, L. 1979; amd. Sec. 50, Ch. 125, L. 2001.