40-809. Specific powers of railroad
corporations
A. Railroad corporations may:
1. Make surveys and select routes for railroad and telegraph lines, and for that
purpose, enter upon private and public lands and waters, subject to responsibility for
all damage caused thereby.
2. Lay out the railroad not exceeding two hundred feet wide, and construct and
maintain it with single or double track, with facilities the directors deem necessary for
the convenient use thereof.
3. Construct the railroad and telegraph lines across, along or upon any stream of
water, water-course, street or highway, or across any railway, canal, ditch or flume
which the lines intersect, cross or run along. The corporation shall restore them to
their former state as near as possible in order not to impair their use or injure the
franchises of others unnecessarily.
4. Cross, intersect or unite the railroad with any other railroad theretofore
constructed at any points on the route thereof, and upon the premises of the other
railroad, with the turn-out, sidings, switches and other conveniences necessary to make
and complete the intersections and connections. The railroads shall unite in making the
intersections and connections and the facilities therefor upon terms agreed upon between
them, but, if they are unable to agree upon the compensation therefor, or the points at
which, or the manner in which the intersections and connections shall be made, the
compensation shall be ascertained and declared in the manner provided by law relating to
eminent domain for taking private property for use of such corporations.
5. Take lands and materials to be used in the construction and maintenance of
railroad and telegraph lines in the manner provided by law relating to eminent domain in
the event such lands and materials cannot be obtained by agreement with the owners
thereof.
6. Transport persons and property on their railroad and collect compensation
therefor.
7. Take and enjoy by purchase, donation or condemnation as provided by law relating
to eminent domain, natural springs and streams of water, or as much thereof as necessary
in operating the railroad, together with the right of way thereto for pipes, ditches,
canals and aqueducts for transporting the water thereof.
8. Regulate the speed of locomotives or other machinery used on the railroad, and
establish, execute and enforce all useful regulations for management of its trains and
business, and for securing the comfort, safety and good behavior of passengers, employees
and agents, and for prevention and suppression of gambling on its cars.
9. Expel from its cars, using no more force than necessary, any passenger who upon
demand refuses to pay his fare or who behaves in a rude, riotous or disorderly manner
toward other passengers or the employees of the corporation in charge of the cars, or,
upon his attention being called thereto, persists in violating the rules of the
corporation against gambling on the cars.
B. For the purposes of making embankments, excavations, ditches, drains, culverts
and similar works, and of procuring timber, stone, gravel and other materials for the
construction and security of the railroad, the corporation may take and occupy as much
more land as necessary or convenient for such purposes.
C. If a railroad company's right of way, track or roadbed upon its right of way
passes through a canyon, pass or defile, it shall not prevent any other railroad from
occupancy and use of the canyon, pass or defile in common with the railroad first
located, or the crossing of other railroads at grades. Necessary expenses shall be
equitably divided between the railroads occupying and using the same canyon, pass or
defile.
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