§ 18-15-1601 — Authority to condemn

(a) (1) Every traction company shall have the right to survey its lines, lay out its road, acquire its right-of-way not exceeding two hundred feet (200') in width, and, where necessary to acquire the right-of-way, shall have the power to enter upon, condemn, and appropriate the lands, rights-of-way, easements, and property of persons, firms, or corporations. (2) The method and manner of making the traction company's surveys, laying out its railways, or acquiring its right-of-way, either by contract or condemnation, shall be the same as provided by law in case of the exercise of the right of eminent domain by telegraph, telephone, and railroad companies, under §§ 18-15-1201 - 18-15-1207 , and it shall be subject to the same duties and liabilities and have the same rights as prescribed in those sections with reference to railroads. (b) However, this section shall not be construed so as to authorize the condemnation of public streets or highways.

Legislative History

Acts 1901, No. 90, § 3, p. 155; C. & M. Dig., §§ 1759, 4042; Pope's Dig., § 5044; A.S.A. 1947, § 35-208.