2013 Kentucky Revised Statutes CHAPTER 277 - RAILROADS -- ORGANIZATION AND OPERATING REGULATIONS 277.060 Powers and duties of railroad companies as to construction, alteration and maintenance of railroad line.
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277.060 Powers and duties of railroad companies as to construction,
alteration and maintenance of railroad line.
(1)
(2)
(3)
(4)
Every railroad company may:
(a) Cause such examinations and surveys to be made as are necessary to
the selection of the most advantageous route for its proposed railroad,
and for that purpose its officers, agents and servants may enter upon the
property of any person, subject to liability for all damage done by them to
such property.
(b) Receive, hold and take possession of any voluntary grants and donations
of property made to it to aid in the construction, maintenance and
operation of the road; any real property so received shall be held and
used for the purposes of the grant or donation only.
(c) Purchase, hold, take possession of and use all franchises and property
necessary for the construction, maintenance and accommodation of its
line of railroads, but the same shall not be taken or appropriated without
the consent of the owner until the compensation to be made therefor is
agreed upon or ascertained, and paid or deposited, as provided by the
Eminent Domain Act of Kentucky.
(d) Lay out and construct its road not exceeding one hundred (100) feet in
width, unless more than one (1) track is laid, in which case the width may
be extended not exceeding fifty (50) feet for each additional track.
(e) Take, in the manner provided by the Eminent Domain Act of Kentucky
such lands in the vicinity of or adjacent to its road as are necessary for
cuts or embankments, the procurement of stone, gravel or other
materials, or for draining the roadbed.
(f) Change, when it deems proper, the gauge of its road.
(g) Change the location or grade of any portion of its road for any reasonable
cause, but shall not, except as otherwise provided by law, depart from the
general route prescribed in the articles of incorporation.
(h) Construct its road upon or across any private road, highway, street, lane
or alley, and across any railroad, canal or watercourse.
Every railroad company shall restore to its former condition, as near as may
be, any private road, highway, street, lane, alley, railroad, canal or watercourse
upon or across which it has constructed its road, and shall maintain the same
in that condition within the right-of-way of the railroad company. It shall
construct suitable road and street crossings for the passage of traffic by putting
down planks or other suitable material between and on each side of the rails,
the top of which shall be at least as high as the top of the rails.
If the railroad is constructed upon any public street or alley, the construction
shall be upon such terms and conditions as are agreed upon between the
company and the authorities of the city, and the road shall not be constructed
until compensation is made, either by agreement or in the manner provided by
the Eminent Domain Act of Kentucky, to the owners of the property adjoining
those parts of the street or alley on which the road is to be constructed.
Any railroad company may build such spurs, switches, tracks or branches as
are necessary to conduct its business or develop business along its line of
road, and for that purpose shall have the same powers and be subject to the
same restrictions and liabilities as are conferred or imposed upon it for the
construction of its main line.
Effective:June 19, 1976
History: Amended 1976 Ky. Acts ch. 140, sec. 111, effective June 19, 1976. -Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 768, 769.
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