§ 9-303
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/md/public-utilities/9-303A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§9–303.
(1)Except as provided in paragraph
(2)of this subsection, a Maryland railroad company may locate, construct, maintain, and operate a railroad in the State if the railroad is not more than 100 feet wide at the graded surface.
(2)A railroad may be wider than 100 feet if the Maryland railroad company determines that it is necessary for:
(i)cuts and fills for a slope or embankment;
(ii)multiple sets of tracks; or
(iii)sidetracks, turnouts, depots, buildings, and other works connected with the operation of the railroad.
(1)A Maryland railroad company may acquire land and other property that it determines is convenient or necessary for the site of the railroad or for additions to the railroad by:
(i)purchase, either in fee simple or any lesser estate, in accordance with law; or
(ii)condemnation under Title 5, Subtitle 4 of this article and Title 12 of the Real Property Article.
(2)A Maryland railroad company may acquire by purchase or gift lands near the railroad that it determines are necessary to secure the right-of-way or aid in the construction of the railroad.
(1)Land that a Maryland railroad company acquires may be held or conveyed as determined by the board of directors of the Maryland railroad company.
(2)Deeds and conveyances made by a Maryland railroad company shall be signed by the president of the company under its corporate seal.
(d)This section does not authorize a Maryland railroad company to condemn, use, or occupy any part of a highway, including the space under or over a highway, without the consent of the proper authorities of the municipal corporation or county where the highway is located.