658 CORPORATIONS. [ART. 23

liable to be used and appropriated by any other railroad company upon
purchase or condemnation in the manner provided in this article.

This section does not operate to work a reverter of the unused property to
the owner of the fee, but to give power to another railroad company to
secure the same by purchase or condemnation. The word "abandoned" con-
strued—what amounts to an abandonment? Canton Co. v. B. & O. R. R. Co..
99 Md. 222.

1904, art. 23, sec. 254. 1888, art. 23, sec. 168. 1876, ch. 242, sec. 12.

272. Whenever any railroad company, heretofore incorporated, or
which may hereafter be incorporated, shall find it necessary for the
purpose of avoiding annoyance to public travel, or dangerous, or difficult
curves or grades, or unsafe, or unsubstantial grounds or foundations, or
for other reasonable causes, to change the location or grade of any portion
of its road, whether heretofore made, or hereafter to be made, such
railroad company shall be, and is hereby authorized to make such
changes of grade and location, not departing from the general route
prescribed in the certificate of such company; and for the purpose of
making any such change in the location and grades of any such road as
aforesaid, such company shall have all the rights, powers and privileges
to enter upon, and take, and appropriate such lands, and make surveys
necessary to effect such changes and grades, upon the same terms, and
be subject to the same obligations, rules and regulations as are prescribed
by law, and shall also be liable in damages, when any have been caused
by such change, to the owner or owners of the lands upon which said
road was heretofore constructed, to be ascertained and paid, or deposited
as aforesaid; but no damages shall be allowed unless claimed within
thirty days after actual notice of such intended change shall be given
to such owner or owners, if residing on the premises, or sixty days'
notice by publication in some newspaper in general circulation in the
county, if non-resident; provided, that when any condemnation shall
have been made and confirmed, under this section, or under sections
269 and 270, the said condemnation shall be finally binding upon the
company, unless within thirty days they elect to abandon said location.
The word ''certificate" is used in this section in the sense of charter. This
section is remedial, and applies to companies chartered by special act, as
well as those incorporated under the general law. Dolfield v. Western Md.
R. R. Co., 107 Md. 599.

The changing by a railroad of its route whereby it crossed the Potomac
river into West Virginia, and later crossed back into Maryland, upheld under
this section. Piedmont, etc., Ry. Co. v. Speelman, 67 Md. 274. (Cf. dis-
senting opinion, p. 283.)

Ibid. sec. 255. 1888, art. 23, sec. 169. 1876, ch. 242, sec. 13.

273. If it shall be necessary, in the location of any part of any
railroad, to occupy any road, street, alley or public way, or ground
of any kind, or any part thereof, it shall be competent for the municipal
or other corporation, or public officer, or public authorities, owning or
having charge thereof, and the railroad company to agree upon the
manner and upon the terms and conditions upon which the same may
be used or occupied; and if said parties shall be unable to agree thereon,