§ 136-190. Powers of railroad corporations.
Article15.
Railroads.
§ 136‑190. Powers ofrailroad corporations.
Every railroad corporationshall have power:
(1) To Survey and Enteron Land. To cause such examination and surveys for its proposed railroad tobe made as may be necessary to the selection of the most advantageous route;and for such purpose, by its officers or agents and servants, to enter upon thelands or waters of any person, but subject to responsibility for all damageswhich shall be done thereto.
(2) To Condemn Landunder Eminent Domain. To appropriate land and rights therein by condemnation,as provided in the Chapter Eminent Domain.
(3) To Take Property byGrant. To take and hold such voluntary grants of real estate and otherproperty as shall be made to it to aid in the construction, maintenance andaccommodation of its railroad; but the real estate received by voluntary grantshall be held and used for the purposes of such grant only.
(4) To Purchase and HoldProperty. To purchase, hold and use all such real estate and other propertyas may be necessary for the construction and maintenance of its railroad, thestations and other accommodations necessary to accomplish the object of itsincorporation.
(5) To Grade andConstruct Road. To lay out its road, not exceeding 100 feet in width, and toconstruct the same; to take, for the purpose of cuttings and embankments, asmuch more land as may be necessary for the proper construction and security ofthe road; and to cut down any standing trees that may be in danger of falling onthe road, making compensation therefor as provided in the Chapter EminentDomain.
(6) To Intersect withHighways and Waterways. To construct its road across, along or upon anystream, watercourse, street, highway, turnpike, railroad or canal which the routeof its road shall intersect or touch; but the company shall restore the stream,watercourse, street, highway or turnpike, thus intersected or touched, to itsformer state or to such state as not unnecessarily to impair its usefulness.Nothing in this Chapter shall be construed to authorize the erection of anybridge or any other construction across, in or over any stream or lakenavigated by motor boats commensurate in size to sailboat, or sailboats orvessels, at the place where any bridge or other obstructions may be proposed tobe placed, nor to authorize the construction of any railroad not alreadylocated in, upon or across any streets in any municipality without the assentof such municipality.
(7) To Intersect withOther Railroads. To cross, intersect, join and unite its railroad with anyother railroad at any point on its route and upon the grounds of such otherrailroad, with the necessary turnouts, sidings, switches and other conveniencesin furtherance of the object of its connections. Every company whose railroadis or shall be hereafter intersected by any other railroad shall unite with theowners of such other railroad in forming such intersections and connections andgrant the facilities aforesaid, and if the two corporations cannot agree uponthe amount of compensation to be made therefor, or the points and manner ofsuch crossings and connections, the same shall be ascertained and determined bythe Commission.
(8) To Transport Personsand Property. To take and convey persons and property on its railroad or bywater by the power or force of steam, electricity, or by any other power, andto receive compensation therefor.
(9) To Erect Stationsand Other Buildings. To erect and maintain all necessary and convenientbuildings, stations, fixtures and machinery for the accommodation and use ofits passengers, freight and business.
(10) To Borrow Money,Issue Bonds and Execute Mortgages. From time to time to borrow such sums ofmoney as may be necessary for completing and finishing or operating itsrailroad, to issue and dispose of its bonds for any amount so borrowed, tomortgage its corporate property and franchises and to secure the payment of anydebt contracted by the company for the purposes aforesaid; and the directors ofthe company may confer on any holder of any bond issued for money borrowed, asaforesaid, the right to convert the principal due or owing thereon into stockof such company at any time under such regulations as the directors may see fitto adopt.
(11) To Lease Rails. Tolease iron rails to any person for such time and upon such terms as may beagreed on by the contracting parties, and upon the termination of the lease byexpiration, forfeiture or surrender, to take possession of and remove the railsso leased as if they had never been laid.
(12) To Establish Hotelsand Eating Houses. To purchase, lease, hold, operate or maintain eatinghouses, hotels and restaurants for the accommodation of the traveling publicalong the line of its road. (1871‑2, c. 138, s. 29;Code, s. 1957; 1887, c. 341; 1889, c. 518; Rev., ss. 2567, 2575; C.S., s. 3444;1953, c. 675, ss. 6, 7; 1963, c. 1165, s. 1; 1998‑128, s. 14.)