CORPORATIONS 879

An. Code, 1924, sec. 205. 1912, sec. 271. 1904, sec. 253. 1890, ch. 220, sec. 167A.

208. Whenever upon an unfinished railroad a right of way or location
on any part thereof remains for ten or more years unused for railroad pur-
poses, the same shall be held to be abandoned and shall be held 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 owner of
fee, but to give power to another railroad company to secure the same by purchase or
condemnation. The word "abandoned" construed—what amounts to abandonment?
Canton Co. v. B. & O. R. R. Co., 99 Md. 222.

An. Code, 1924, sec. 206. 1912, sec. 272. 1904, sec. 254. 1888, sec. 168. 1876, ch. 242, sec. 12.

209. 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 loca-
tion, not departing from the general route prescribed in the certificate of
such company; and for the purpose of making any such change in the loca-
tion 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 regu-
lations as are prescribed by law, and shall also be liable in damages, when
any have been caused by such change, to the owners 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 206 and 207,
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 incor-
porated 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. Pied-
mont, etc., Ry. Co. v. Speelman, 67 Md. 274. (Cf. dissenting opinion, p. 283.)

Where it is necessary for railroad to relocate its tracks owing to construction by
state of dam, railroad is entitled, as far as practicable, to new location at grade as
advantageous as one abandoned. See notes to sec. 381. Pub. Serv. Commn, v. P., B. & W.
R. R. Co., 155 Md. 123.

An. Code, 1924, sec. 207. 1912, sec. 272A. 1918, ch. 307.

210. 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