§273-3  Special powers.  For the
purposes and subject to the provisions and restrictions of this chapter, the
corporation may, from time to time, exercise any of the following powers:



It may enter upon any lands which may adjoin
upon the line of any railway which may be authorized by charter to be made, and
may bore, dig, cut, trench, embank, and drain, and may remove or lay, take,
carry away, and use any earth, gravel, stone, timber, or other things dug or
obtained therein or otherwise in the execution of any powers hereafter in this
chapter given, and which may be proper for the making, maintaining, altering,
repairing, or using any railway lawfully authorized, or which may obstruct the
making, maintaining, altering, repairing, or using of the same;



It may make, in, upon, across, under, or over
any such lands, or any street, roads, ways, railroads, tramways, hills,
valleys, rivers, canals, watercourses, or waters, such temporary or permanent
inclined planes, tunnels, cuttings, embankments, aqueducts, bridges, roads,
ways, passages, conduits, drains, piers, arches, fences, and other work and
conveniences as it thinks proper;



It may alter the course of any rivers not
navigable, canals, brooks, streams, or watercourses during such times as is
necessary for constructing or maintaining tunnels, bridges, or other works
over, under, or affecting the same; and may temporarily or permanently alter
the course of any rivers or streams, or raise or sink the level of any rivers
or streams, streets, roads, or ways, to carry more conveniently the same over
or under or by the side of any railway;



It may make drains or conduits into, through,
or under any lands adjoining the railway for the purpose of conveying water
from or to the railway, and upon the railway, or any lands adjoining or near
thereto;



It may make such piers, jetties, stations,
sidings, wharves, warehouses, tollhouses, and other houses, yards, engines,
machinery, signal posts, and other apparatus, works, and conveniences
whatsoever connected with the railway as the corporation may think proper, and
may from time to time alter, repair, or discontinue any such apparatus, works,
and conveniences, and substitute others in their stead;



It may fell or remove any timber or other trees
being within two hundred feet from either side of the railway which, by their
liability to fall or otherwise, might obstruct or injure the railway;



It may also fell or cut down and remove any
trees or wood, whether timber or other trees, or scrub or underwood, which, by
reason of the line making a curve or otherwise, may obstruct or impede a view
of any signal post from any portion of the line which shall be within one mile
in a right line from any such signal post;



It may enter upon and use any existing private
road, being a road graveled or formed with stones or other hard material, and
not being an avenue or approach to any dwelling house;



It may enter upon and take, purchase, and hold
all such lands, tenements, and hereditaments as may be required for the
purposes of the railway and works connected therewith;



It may do all other things necessary or
convenient for making, maintaining, altering, or repairing and using the
railway.



But nothing in this chapter shall be construed
to authorize any corporation to enter upon or take any tidewaters, nor in any
way to hinder, obstruct, or interfere with navigation in or upon any public
navigable waters nor to erect, build, or maintain any pier, jetty, or wharf in,
upon, or over any harbor, bay, or river beyond high watermark. [L 1878, c 29,
§3; am L 1898, c 52, §1; RL 1925, §879; RL 1935, §1785; RL 1945, §5043; RL
1955, §106-3; HRS §273-3]



 



Case Notes



 



  Wharves and warehouses are fairly necessary for reasonable
operation of the road.  14 H. 126.



  Cited:  20 H. 122.