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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 743   View pdf image (33K)
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CORPORATIONS. 743

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 sec-
tion 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 sec-
tion. Piedmont, etc., Ry. Co. v. Speelman, 67 Md. 274. (Cj. dissenting opinion,
p. 283.)

An. Code, sec. 272A. 1918, ch. 307.

207. 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 hun-
dred (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 Railroad Company is hereby
further invested with all the rights and powers necessary and convenient
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 dero-
gation of any rights and powers already conferred upon such Railroad
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 Railroad Company by the provisions of this Article
or by Special Act. Provided that nothing herein shall be construed to
authorize any railroad company to condemn, use or occupy upon, under or
over any portion of any public highway in this State without the consent
of the proper authorities 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 county or city therein, nor to take away, modify or restrict
the powers of the said local authorities in said Baltimore City, or any other
city or county in the State, as such powers existed prior to April 18, 1918,
with regard to the imposition of terms and conditions for the grant of any
right in, or upon giving their assent to the use of, any portion of any
public highway of this State.1

As to fire prevention along railroad tracks and the duty of the department of

forestry, railroad companies and owners in connection therewith, see art. 39A, sec.

34, et seq.

1 Sec. 2 of the act of 1918, ch. 307, provides that any railroad company which avails
itself of said act " shall be deemed thereby to have surrendered any exemption from
taxation which it may have."

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 743   View pdf image (33K)
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