880 ARTICLE 23

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.

An. Code, 1924, sec. 208. 1912, sec. 273. 1904, sec. 255. 1888, sec. 169. 1876, ch. 242, sec. 13.

211. 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 corpora-
tion, 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, and it shall be necessary, in the
judgment of the directors of such railroad company, to use or occupy such
road, street, alley or other public way or ground, such company may appro-
priate so much of the same as may be necessary for the purposes of such
road, in the same manner and upon the same terms as provided for the
appropriation of the property of individuals by sections 206 and 207;
provided, that every railroad company laying down any such track or
tracks upon any such public street, road, alley or other public ground, shall
be responsible for injuries done to private property by such location, lying
upon or near to such public ground, which may be recovered by civil action
brought by the owner or owners at any time within two years from the
completion of such track or tracks, before the proper court; and provided

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."