Montana Code Annotated 2001

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     69-14-532. Authority to plan, lay out, and construct rail lines. Every railroad corporation may:
     (1) cause such examination and surveys to be made as may be necessary to the selection of the most advantageous route for the railroad;
     (2) lay out its road, not exceeding in width 100 feet on each side of its centerline, unless a greater width is required for the purpose of excavation or embankment, and construct and maintain the same, with a single or double track and with such appendages and adjuncts as may be necessary for the convenient use of the same;
     (3) construct its road across, along, or upon any stream of water, watercourse, roadstead, bay, navigable stream, street, avenue, or highway or across any railway, canal, ditch, or flume which the route of its road intersects, crosses, or runs along, in such manner as to afford security for life and property; but the corporation shall restore the stream or watercourse, road, street, avenue, highway, railroad, canal, ditch, or flume thus intersected to its former state of usefulness, as near as possible, or so that the railroad shall not unnecessarily impair its usefulness or injure its franchise;
     (4) erect and maintain all necessary and convenient buildings, stations, depots, fixtures, and machinery for the accommodation and use of its passengers, freight, and business;
     (5) change the line of its road, in whole or in part, whenever a majority of the directors so determine, as is provided in 69-14-534; but no such change may vary the general route of such road, as contemplated in its articles of incorporation.

     History: En. Sec. 894, Civ. C. 1895; re-en. Sec. 4275, Rev. C. 1907; re-en. Sec. 6507, R.C.M. 1921; Cal. Civ. C. Sec. 465; re-en. Sec. 6507, R.C.M. 1935; R.C.M. 1947, 72-205(part); amd. Sec. 48, Ch. 43, L. 1979.

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