§ 49-33-10 — Powers of corporation--Right

Every corporation organized under this chapter shall have power to lay out its road not exceeding fifty feet in width and construct the same, and for such purpose to obtain gravel or other material for its cuttings and embankments; to take so much land as may be necessary for the construction, operation, and safety of its road, electric light or power line, including right - of - way and water for ditches, canals, or flumes by which to generate electricity therefor; to construct its road, electric light or power line along or across any stream of water, river, watercourse, highway, street, or turnpike, which it may touch or intersect; to carry any highway, street, or road which it shall cross over or under its track as may be most expedient for the public safety and welfare; to change the course of any highway, street, or road when made necessary or desirable to secure a more easy descent or ascent by reason of any cut or embankment made in the construction of its railroad and to take so much land as shall be necessary therefor; provided that such change in the course of any street, road, or highway shall be made at the expense of such corporation and without expense to the municipality wherein such change is made.

Legislative History

SDC 1939, § 52.1509 (5); SL 1992, ch 60, § 2.