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§ 9-303. Power of railroad company to locate, construct, maintain, and operate railroad

West's Annotated Code of MarylandPublic Utilities

West's Annotated Code of Maryland
Public Utilities (Refs & Annos)
Division I. Public Services and Utilities [Titles 1-15] (Refs & Annos)
Title 9. Carrier Companies (Refs & Annos)
Subtitle 3. Maryland Railroad Companies (Refs & Annos)
MD Code, Public Utilities, § 9-303
Formerly cited as MD PUBLIC UTIL COMP § 9-303
§ 9-303. Power of railroad company to locate, construct, maintain, and operate railroad
Currentness
In general
(a)(1) Except as provided in paragraph (2) of this subsection, a Maryland railroad company may locate, construct, maintain, and operate a railroad in the State if the railroad is not more than 100 feet wide at the graded surface.
(2) A railroad may be wider than 100 feet if the Maryland railroad company determines that it is necessary for:
(i) cuts and fills for a slope or embankment;
(ii) multiple sets of tracks; or
(iii) sidetracks, turnouts, depots, buildings, and other works connected with the operation of the railroad.
Acquisition of land for railroad
(b)(1) A Maryland railroad company may acquire land and other property that it determines is convenient or necessary for the site of the railroad or for additions to the railroad by:
(i) purchase, either in fee simple or any lesser estate, in accordance with law; or
(ii) condemnation under Title 5, Subtitle 4 of this article and Title 12 of the Real Property Article.
(2) A Maryland railroad company may acquire by purchase or gift lands near the railroad that it determines are necessary to secure the right-of-way or aid in the construction of the railroad.
Disposition of land
(c)(1) Land that a Maryland railroad company acquires may be held or conveyed as determined by the board of directors of the Maryland railroad company.
(2) Deeds and conveyances made by a Maryland railroad company shall be signed by the president of the company under its corporate seal.
Restrictions
(d) This section does not authorize a Maryland railroad company to condemn, use, or occupy any part of a highway, including the space under or over a highway, without the consent of the proper authorities of the municipal corporation or county where the highway is located.

Credits

Added by Acts 1998, c. 8, § 2, eff. Oct. 1, 1998. Amended by Acts 1999, c. 34, § 1, eff. April 13, 1999.
Formerly Art. 23, §§ 197, 202.
MD Code, Public Utilities, § 9-303, MD PUBLIC UTIL § 9-303
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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