|
|
|
|
|
|
|
ART. XXIII ] RAILROAD COMPANIES. 153
262.
See note to section 261.
263.
To the note to this section on page 653 of volume 1 of the Annotated
Code, add Hyattsville v. Washington, etc., R. Co., 122 Md. 660, and
Hyattsville v. Washington, etc., R. Co., 124 Md. 578.
269.
This section et seq. referred to in deciding that article 91, sections 34
and 63, so far as they confer the power, and regulate the procedure of
condemnation, were not repealed by the adoption of article 33A of the
code, particularly in view of section 14 of article 33A. Koehler v. State
Rds. Com., 125 Md. 446.
See notes to sections 413 and 438.
1918, ch. 307.
272A. Any Railroad Company heretofore incorporated under the
Laws of this State, whether incorporated under the provisions of this
Article or by Special Act, or which may hereafter be incorporated under
the Laws of this State, is hereby invested with all the rights and powers
necessary to locate, construct, maintain and operate a railroad not
exceeding one hundred (100) feet in width at the graded surface
thereof, with the necessary addition thereto for slopes or embankments
for cuts and fills, and with as many sets of tracks as it may deem
necessary from time to time, and of additional width for such side
tracks, turnouts, depots, buildings and other works as it shall deem
necessary in connection with its said railroad between the termini
named in its Certificate or Charter, or so far as its railroad may lie
within the State of Maryland; and such Eailroad Company is hereby
further invested with all the rights and powers necessary and conven-
ient to acquire, either by purchase or condemnation, all land and other
property which it may deem necessary for the site of said railroad and
the aforesaid additions thereto, either in fee simple or any less estate,
in accordance with law; and such Railroad Company may exercise the
rights and powers, with which by this section it is invested, from time
to time and with respect to any portion of its existing line or railroad
as the demands of its business may require; and nothing in this section
shall be construed as in derogation of any rights and powers already
conferred upon such Eailroad Company by any of the provisions of this
Article or by Special Act, but the rights and powers hereby conferred
shall be construed as in enlargement of and supplementary to the rights
and powers of the same kind already conferred upon such Eailroad
Company by the provisions of this Article or by Special Act. Provided
that nothing herein shall be construed to authorize any railroad com-
pany to condemn, use or occupy upon, under or over any portion of any
public highway in this State without the consent of the proper author-
ities of the Mayor and City Council of Baltimore as to any highway in
Baltimore City, or of the County or City, as to any highway in any
6
|
|
|
|
|
|
|
|
 |
