§ 8-4-1-21 — Alteration in lines

If, at any time after the location of the track of
such road, in whole or in part, and the filing of the map thereof, it shall
appear to the directors of the railroad that the line thereof may be
improved, such directors may, from time to time, alter the line, and
cause a new map to be filed in the office where the map showing the
first location is filed, and may thereupon take possession of the lands
embraced in such new location that may be required for the
construction and maintenance of such road on such new line, either by
agreement with the owner or, if the railroad is a rail carrier, by such
condemnation proceedings as are authorized under this chapter, and
use the same in place of the line for which the new is substituted. But
nothing in this chapter shall be so construed as to confer upon any
railroad already incorporated, any powers to locate its road on any
route which would not have been authorized by the charters previously
granted. And nothing in this chapter contained shall authorize the
railroad to make a location of their track within any city without the
consent of the common council of said city; nor shall the railroad have
power so to change their road as to avoid any point named in their
articles of association.
Formerly: Acts 1852, 1RS, c.83, s.21. As amended by
P.L.62-1984, SEC.41; P.L.146-2017, SEC.10.