§ 9-303. Powers

   (a) In general. --

   (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.

(b) Acquisition of land for 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.

(c) Disposition of land. --

   (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) Limitations. -- 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.

HISTORY: An. Code 1957, art. 23, § 197, 202; 1998, ch. 8, § 2; 1999, ch. 34, § 1.