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

It may enter upon any lands which may adjoinupon the line of any railway which may be authorized by charter to be made, andmay 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 orobtained therein or otherwise in the execution of any powers hereafter in thischapter given, and which may be proper for the making, maintaining, altering,repairing, or using any railway lawfully authorized, or which may obstruct themaking, maintaining, altering, repairing, or using of the same;

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

It may alter the course of any rivers notnavigable, canals, brooks, streams, or watercourses during such times as isnecessary for constructing or maintaining tunnels, bridges, or other worksover, under, or affecting the same; and may temporarily or permanently alterthe course of any rivers or streams, or raise or sink the level of any riversor streams, streets, roads, or ways, to carry more conveniently the same overor 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 waterfrom or to the railway, and upon the railway, or any lands adjoining or nearthereto;

It may make such piers, jetties, stations,sidings, wharves, warehouses, tollhouses, and other houses, yards, engines,machinery, signal posts, and other apparatus, works, and convenienceswhatsoever connected with the railway as the corporation may think proper, andmay 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 treesbeing within two hundred feet from either side of the railway which, by theirliability to fall or otherwise, might obstruct or injure the railway;

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

It may enter upon and use any existing privateroad, being a road graveled or formed with stones or other hard material, andnot being an avenue or approach to any dwelling house;

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

It may do all other things necessary orconvenient for making, maintaining, altering, or repairing and using therailway.

But nothing in this chapter shall be construedto authorize any corporation to enter upon or take any tidewaters, nor in anyway to hinder, obstruct, or interfere with navigation in or upon any publicnavigable 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; RL1955, §106-3; HRS §273-3]

 

Case Notes

 

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

  Cited:  20 H. 122.