Unannotated Code of Maryland (Last Updated: May 16, 2014) |
PUBLIC UTILITIES |
DIVISION I. PUBLIC SERVICES AND UTILITIES |
TITLE 5. POWERS, DUTIES, AND PROHIBITIONS |
SUBTITLE 4. FRANCHISES AND CONDEMNATION |
§ 5-405. Railroad companies -- In general
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(a) Agreement with owner. -- A railroad company or its authorized agent may agree with the owner to purchase, use, occupy, or divert the owner's land, earth, gravel, stone, timber, streams, materials, or improvements that the company wants for the proper construction or repair of the railroad company's roads or works.
(b) Power to condemn. -- The company may acquire the property by condemnation under Title 12 of the Real Property Article if:
(1) the company cannot agree with the owner of the property; or
(2) an owner:
(i) is a minor, is adjudged to be mentally incompetent, or is under any other legal disability to contract; or
(ii) is absent from the county in which the property is located when the company wants the property.