§ 8-4-1-14 — General powers and duties; enumeration

Indiana § 8-4-1-14

• Jurisdiction: Indiana
• Art. 4: ORGANIZATION AND OPERATION OF
• Ch. 1: Incorporation of Railroad Companies

Text

(a) Every such corporation shall possess the
general powers, and be subject to the liabilities and restrictions,
expressed in the special powers following:
(1) To cause such examination and surveys for the proposed
railroad to be made as may be necessary to the selection of the
most advantageous route for the railroad, and, for such purposes,
by their officers, agents, and servants, to enter upon the lands or
waters of any person, but subject to responsibility for all damages
which they shall do thereto.
(2) To receive, hold, and take such voluntary grants and donations
of real estate and other personal property as shall be made to it to
aid in the construction, maintenance, and accommodation of such
railroad; but the real estate thus received by voluntary grants shall
be held and used for the purposes of such grants only.
(3) To purchase, and, by voluntary grants and donations receive
and take, and, by its officers, engineers, surveyors, and agents,
enter upon, take possession of, hold, and use all such lands and
real estate and other property as may be necessary for the
construction and maintenance of its railroad stations, depots, and
other accommodations necessary to accomplish the objects for
which the corporation is created; but not until the compensation
to be made therefor, as agreed upon by the parties or ascertained
as prescribed in this chapter, shall have been paid to the owner or
owners thereof, or deposited as directed by this chapter, unless the
consent of such owner be given to enter into possession.
(4) To lay out its road, not exceeding six (6) rods wide, and to
construct the same; and for the purposes of cuttings,
embankments, and procuring stone and gravel, or the
improvement of its road by the construction of additional main
tracks, switches, or passing sidings, it may take as much more
lands, within the limits of its charter, in the manner provided in
this chapter, as may be necessary for the proper construction,
improvement, and security of the road.
(5) To construct its road upon or across any stream of water,
watercourse, highway, railroad, or canal, so as not to interfere
with the free use of the same, which the route of its road shall
intersect, in such manner as to afford security for life and
property; but the corporation shall restore the stream or
watercourse, road, or highway thus intersected to its former state,
or in a sufficient manner not to unnecessarily impair its usefulness
or injure its franchises.
(6) To cross, intersect, join, and unite its railroad with any other
railroad before constructed, at any point on its route and upon the
grounds of such other railroad company, with the necessary
turn-outs, sidings, switches, and other conveniences, in
furtherance of the objects of its connections; and every company
whose railroad is intersected on or after May 6, 1852, by any new
railroad shall unite with the owners of such new railroad in
forming such intersections and connections, and grant the
facilities aforesaid; and if the two (2) corporations can not agree
upon the amount of compensation to be made therefor, or the
points or manner of such crossings and connections, the same
shall be ascertained and determined by commissioners, to be
appointed as is provided in this chapter in respect to the taking of
lands; but this section shall not affect the rights or franchises
granted before May 6, 1852.
(7) To purchase lands or take them in order that it may change the
line of its road, whenever a majority of the directors shall so
determine, as is provided in this chapter, but no change shall vary
the general route of such road.
(8) To take, transport, carry, and convey persons and property on
its railroad by the force and power of steam or animals or of any
mechanical power, or by any combination of them, and receive
tolls or compensation therefor.
(9) To erect and maintain all necessary and convenient buildings,
stations, depots, fixtures, and machinery for the accommodation
and use of their passengers, freight, and business, and obtain and
hold the lands necessary therefor.
(10) To regulate the time and manner in which passengers and
property shall be transported, and the tolls and compensation to
be paid therefor.
(b) In all proceedings authorized by this chapter to take land for the
construction of additional main tracks, switches, or passing sidings, the
burden of proof shall be upon the corporation to prove in a court of
competent jurisdiction its right to take such land and the necessity
therefor, preliminary to assessment of damages; and in estimating
damages, the damages of all persons, firms, limited liability company,
or corporations shall be computed as in other cases, to which shall be
added compensation for all such injuries, interruptions, and destruction
to any trade, business, contract, occupation, residence, or industry
involved, the expense and difficulty in obtaining a new location and in
relocating such business or industry, as may not be elements of damage
under any law other than this chapter; provided, that nothing contained
in this chapter shall repeal, affect, or modify any powers or duties of
the commission or any obligations imposed upon railroads by statute
other than this chapter, nor impliedly nor expressly repeal, affect, or
modify any other statute of this state.
Formerly: Acts 1852, 1RS, c.83, s.13; Acts 1911, c.82, s.1. As
amended by P.L.62-1984, SEC.38; P.L.23-1988, SEC.82; P.L.8-1993,
SEC.140.