2005 Idaho Code - 62-104 — ENUMERATION OF POWERS

                                  TITLE  62
                             RAILROADS AND OTHER
                               PUBLIC UTILITIES
                                  CHAPTER 1
                           RAILROAD CORPORATIONS --
                        GENERAL PROVISIONS AND POWERS
    62-104.  ENUMERATION OF POWERS. Every railroad corporation has power:
    1.  To cause such examination and surveys to be made as may be necessary
to the selection of the most advantageous route for the railroad; and for such
purposes their officers, agents and employees may enter upon the lands or
waters of any person, subject to liability for all damages which they do
thereto.
    2.  To receive, hold, take and convey, by deed or otherwise, as a natural
person, such voluntary grants and donations of real estate and other property
which may be made to it to aid and encourage the construction, maintenance and
accommodation of such railroad.
    3.  To purchase, or by voluntary grants or donations to receive, take
possession of, hold, and use all such real estate and other property as may be
necessary for the construction and maintenance of such railroad, and for all
stations, depots and other purposes necessary to successfully work and conduct
the business of the road.
    4.  To lay out its road, not exceeding nine (9) rods wide, and to
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: provided, that any such railroad corporation may take and hold any right
of way or other property, of whatever width or extent that it may acquire
under the laws of congress.
    5.  To construct its road across, along or upon any stream of water, water
course, 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 must restore the stream or water course, road, street, avenue,
highway, railroad, canal, ditch or flume thus intersected to its former state
of usefulness as near as may be, or so that the railroad shall not
unnecessarily impair its usefulness or injure its franchise.
    6.  To cross, intersect, join or unite its railroad with any other
railroad, either before or after construction, at any point upon its route,
and upon the grounds of such other railroad corporation with the necessary
turnouts, sidings and switches, and other conveniences in furtherance of the
objects of its connections; and every corporation whose railroad is, or shall
be hereafter, intersected by any new railroad, must unite with the owners of
such new railroad in forming such new intersections and connections, and grant
facilities therefor. And if the two (2) corporations cannot agree upon the
amount of compensation to be made therefor, or the points or the manner of
such crossings, intersections and connections, the same must be ascertained
and determined as is provided in the Code of Civil Procedure.
    7.  To purchase lands, timber, stone, gravel or other materials to be used
in the construction and maintenance of its road, and all necessary appendages
and adjuncts, or acquire them in the manner provided in the Code of Civil
Procedure for the condemnation of lands; and to change the line of its road in
whole or in part whenever a majority of the directors so determine, as is
provided hereinafter, but no such change must vary the general route of such
road as contemplated in its articles of incorporation.
    8.  To carry persons and property on their railroad 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.
    10.  To regulate the time and manner in which passengers and property
shall be transported, and the tolls and compensation to be paid therefor
within the limits prescribed by law, and subject to alteration, change or
amendment by the legislature at any time.
    11.  To regulate the force and speed of their locomotives, cars, trains or
other machinery used and employed on their road, and to establish, execute and
enforce all needful and proper rules and regulations for the management of its
business transactions usual and proper for railroad corporations.