Nevada § 78.080 - Railroad companies: Rights-of-way granted by the State, counties and municipalities; limitations; reversion on abandonment; duties of companies

§ 78.080. Railroad companies: Rights-of-way granted by the State, counties and municipalities; limitations; reversion on abandonment; duties of companies

1. The right-of-way is hereby given and granted to all railroad companies that are

now organized, or may be organized under the provisions of this chapter, or under

the laws of any other state or territory, or under any act of Congress, to locate,

construct and maintain their roads, or any part or parcel thereof, over and through

any of the swamp or overflowed lands belonging to this State, or any other public

lands which are now or may be the property of the State, at the time of constructing

the railroad. 2. Such railroad companies are hereby authorized to survey and mark through the lands

of the State, to be held by them for the track of their respective railroads, 200

feet in width, for the whole length the roads may be located over the lands of the

State; and the right is hereby further given and granted to the companies to locate,

occupy and hold all necessary sites and grounds for watering places, depots or other

buildings, for the convenient use of the same, along the line of the road or roads,

so far as the places convenient for the same may fall upon the lands belonging to

the State, except within the limits of any incorporated city or town, or within 3

miles where the same shall be taken, on paying to the State the value of the same. 3. No one depot, watering place, machine or workshop, or other buildings for the convenient

use of such roads, shall cover over 6 acres each, and the sites or places on the lands

of this State shall not be nearer to each other than 5 miles along the line of the

roads. 4. The right is hereby further given and granted to the companies to take from any

of the lands belonging to this State all such materials of earth, wood, stone or other

materials whatever, as may be necessary or convenient, from time to time, for the

first construction or equipment of the road or roads, or any part thereof. 5. If any road, at any time after its location, shall be discontinued or abandoned

by the company or companies, or the location of any part thereof be so changed as

not to cover the lands of the State thus previously occupied, then the lands so abandoned

or left shall revert to this State. 6. When the location of the route of either of the railroads, or sites or places for

depots, watering places, machine or workshops or other buildings for the convenient

use of the same, shall be selected, the secretary of the company shall transmit to

the Director of the State Department of Conservation and Natural Resources, and to

the State Controller, and to the recorder of the county in which the lands so selected

are situated, to each of the officers, a correct plot of the location of the railroad,

or sites or places, before such selection shall become operative. 7. When any such company shall, for its purposes aforesaid, require any of the lands

belonging to any of the counties, cities or towns in this State, the county, city

and town officers, respectively, having charge of such lands, may grant and convey

such land to such company, for a compensation which shall be agreed upon between them,

or may donate and convey the same without any compensation; and if they shall not

agree upon the sale and price, the same may be taken by the company as is provided

in other cases of taking lands by condemnation. 8. Before any corporation incorporated or organized otherwise than under the laws

of this State shall be entitled to any of the rights granted by this chapter, it shall

file in the office of the county recorder of each county in which the railroad, or

any part, extension or branch thereof shall be situate, a copy of its certificate

or articles of incorporation, or of the act or law by which it was created, with the

certified list of its officers, in the manner and form required by law.