Section 388.210

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

Chapter 388

Effective - 28 Aug 1969   

  388.210.  General and additional powers. — Every corporation formed under this chapter shall, in addition to the powers herein conferred, have power:

  (1)  To cause such examination and survey for its proposed railroad to be made as may be necessary to the selection of the most advantageous route, and for such purpose, by its officers, agents or servants, to enter upon the lands or waters of any person; but such corporation shall be liable and subject to responsibility for all damages which shall be done thereto;

  (2)  To take and hold such voluntary grants of real estate and other property as shall be made to it to aid in the construction, maintenance and accommodation of its railroads; but the real estate received by voluntary grant shall be held and used for the purpose of such grant only;

  (3)  To lay out its road, not exceeding one hundred feet in width, and to construct the same; and, for the purpose of cuttings and embankments, to take as much more land as may be necessary for the proper construction and security of the road, and to cut down any standing trees that may be in danger of falling on the road, making compensation therefor as provided in this chapter and chapter 523 for lands taken for the use of the company;

  (4)  To construct its road across, along or upon any stream of water, watercourse, street, highway, plank road, turnpike or canal which the route of its road shall intersect or touch, but the company shall restore the stream, watercourse, street, highway, plank road and turnpike thus intersected or touched to its former state, or to such state as not unnecessarily to have impaired its usefulness.  Nothing herein contained shall be construed to authorize the erection of any bridge or other obstruction across or over any stream navigated by steamboats at the place where any bridge or other obstruction may be proposed to be placed, so as to prevent the navigation of such stream, nor to authorize the construction of any railroad not already located in, upon or across any street in a city or road of any county, without the assent of the corporate authorities of said city, or the county commission of such county;

  (5)  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 turnouts, sidings and switches and other conveniences, in furtherance of the objects of its connections; and every company whose railroad is or shall be hereafter intersected 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 corporations cannot agree upon the amount of compensation to be made therefor, or the points and manner of such crossings and connections, the same shall be ascertained and determined by commissioners to be appointed by the court, as is provided in this chapter and chapter 523 for the condemnation of lands for railroad purposes;

  (6)  To take and convey persons and property on their railroad by the power or force of steam or of animals, or by any mechanical power, and to receive compensation therefor;

  (7)  To erect and maintain all necessary and convenient buildings, stations, fixtures and machinery for the accommodation and use of their passengers, freights and business;

  (8)  From time to time to borrow such sums of money as may be necessary for the completion, equipment or repair of their railroad, or for the funding of any floating debt, or for the making of any addition or extension thereto authorized by their charter, or for the making connection with any bridge by tunnel or otherwise; and for any or all of the purposes above named may issue and dispose of their bonds for any amount so borrowed, and may mortgage their corporate property and franchise, or any part thereof, to secure the payment of any debt contracted by the company for the purposes aforesaid, or any one of them; provided, such corporation shall not increase its bonded indebtedness unless it complies with the provisions of section 351.160;

  (9)  To construct, maintain and operate in connection with any railroad bridge across any watercourse or navigable stream of water within this state a toll bridge for the passage of wagons, vehicles, foot passengers and animals, and to charge reasonable rates of toll therefor; provided, however, that any such toll bridge shall not be so constructed as to prevent the navigation of such watercourse or stream of water.

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(RSMo 1939 §§ 5128, 5139, A. 1949 H.B. 2101, A.L. 1969 p. 528)

Prior revisions: 1929 §§ 4655, 4666; 1919 §§ 9850, 9856; 1909 §§ 3049, 3055

CROSS REFERENCE:

Stock or bond, issue to be approved by public service commission, 387.270, 387.280

(1951) Conveyance to railroad corporation of land in excess of that required for right-of-way by warranty deed for substantial consideration vests fee simple title in such corporation.  Clay v. Mo. Highway Comm., 362 Mo. 60, 239 S.W.2d 505.

(1981) Power of eminent domain includes right to survey in anticipation of and preparation for condemnation. State ex rel. Rhodes v. Crouch (Mo.), 621 S.W.2d 47.

(1995) "Voluntary grant" means a conveyance without valuable consideration.  Jordan v. Stallings, 911 S.W.2d 653 (Mo.App.S.D.).