North Carolina § 136-190 - Powers of railroad corporations.

§ 136-190. Powers of railroad corporations.

Every railroad corporation shall have power: To Survey and Enter on Land. - To cause such examination and surveys for its proposed railroad to be made as may be necessary to the selection of the most advantageous route; and for such purpose, by its officers or agents and servants, to enter upon the lands or waters of any person, but subject to responsibility for all damages which shall be done thereto. To Condemn Land under Eminent Domain. - To appropriate land and rights therein by condemnation, as provided in the Chapter Eminent Domain. To Take Property by Grant. - To take and hold such voluntary grants of real estate and other property as shall be made to it to aid in the construction, maintenance and accommodation of its railroad; but the real estate received by voluntary grant shall be held and used for the purposes of such grant only. To Purchase and Hold Property. - To purchase, hold and use all such real estate and other property as may be necessary for the construction and maintenance of its railroad, the stations and other accommodations necessary to accomplish the object of its incorporation. To Grade and Construct Road. - To lay out its road, not exceeding 100 feet in width, and to construct the same; to take, for the purpose of cuttings and embankments, as much more land as may be necessary for the proper construction and security of the road; and to cut down any standing trees that may be in danger of falling on the road, making compensation therefor as provided in the Chapter Eminent Domain. To Intersect with Highways and Waterways. - To construct its road across, along or upon any stream, watercourse, street, highway, turnpike, railroad or canal which the route of its road shall intersect or touch; but the company shall restore the stream, watercourse, street, highway or turnpike, thus intersected or touched, to its former state or to such state as not unnecessarily to impair its usefulness. Nothing in this Chapter shall be construed to authorize the erection of any bridge or any other construction across, in or over any stream or lake navigated by motor boats commensurate in size to sailboat, or sailboats or vessels, at the place where any bridge or other obstructions may be proposed to be placed, nor to authorize the construction of any railroad not already located in, upon or across any streets in any municipality without the assent of such municipality. To Intersect with Other Railroads. - To cross, intersect, join and unite its railroad with any other railroad at any point on its route and upon the grounds of such other railroad, with the necessary turnouts, sidings, switches and other conveniences in furtherance of the object of its connections. Every company whose railroad is or shall be hereafter intersected by any other railroad shall unite with the owners of such other railroad in forming such intersections and connections and grant the facilities aforesaid, and if the two corporations cannot agree upon the amount of compensation to be made therefor, or the points and manner of such crossings and connections, the same shall be ascertained and determined by the Commission. To Transport Persons and Property. - To take and convey persons and property on its railroad or by water by the power or force of steam, electricity, or by any other power, and to receive compensation therefor. To Erect Stations and Other Buildings. - To erect and maintain all necessary and convenient buildings, stations, fixtures and machinery for the accommodation and use of its passengers, freight and business. To Borrow Money, Issue Bonds and Execute Mortgages. - From time to time to borrow such sums of money as may be necessary for completing and finishing or operating its railroad, to issue and dispose of its bonds for any amount so borrowed, to mortgage its corporate property and franchises and to secure the payment of any debt contracted by the company for the purposes aforesaid; and the directors of the company may confer on any holder of any bond issued for money borrowed, as aforesaid, the right to convert the principal due or owing thereon into stock of such company at any time under such regulations as the directors may see fit to adopt. To Lease Rails. - To lease iron rails to any person for such time and upon such terms as may be agreed on by the contracting parties, and upon the termination of the lease by expiration, forfeiture or surrender, to take possession of and remove the rails so leased as if they had never been laid. To Establish Hotels and Eating Houses. - To purchase, lease, hold, operate or maintain eating houses, hotels and restaurants for the accommodation of the traveling public along the line of its road. History (1871-2, c. 138, s. 29; Code, s. 1957; 1887, c. 341; 1889, c. 518; Rev., ss. 2567, 2575; C.S., s. 3444; 1953, c. 675, ss. 6, 7; 1963, c. 1165, s. 1; 1998-128, s. 14.) Cross References. - As to adverse possession of property owned by a railroad, see G.S. 1-44. As to presumption of abandonment of railroad right-of-way, see G.S. 1-44.1. As to power of Utilities Commission to prevent discrimination in service and charges, see G.S. 62-140 . As to control of Utilities Commission over pledge of assets, issuing securities, etc., see G.S. 62-160 et seq. As to ability to regulate crossings and to abolish grade crossings, see G.S. 136-195. As to administration of federal railroad revitalization programs by the Department of Transportation, see G.S. 136-44.35. As to the duty of railroads constructing bridges over watercourses to provide draws, see G.S. 136-78. Virginia-North Carolina Interstate High-Speed Rail Commission. - The preamble to Session Laws 2001-266 reads as follows: "Whereas, levels of congestion on interstate highways and at major airports along the east coast of the United States are rapidly rising, and in some locations have reached virtual gridlock for hours each day; and "Whereas, it is therefore necessary to develop and use alternative modes of transportation for the movement of goods and passengers long distances along the east-coast corridor; and "Whereas, preliminary engineering studies have documented that the creation of high-speed passenger rail service between points in Virginia and points in North Carolina could provide travelers along the corridor with an attractive alternative to highway travel, thus reducing highway congestion; and "Whereas, establishment of high-speed passenger rail service between Virginia and North Carolina offers the additional possibility of connection through the District of Columbia to origins and destinations as far north as New England; and "Whereas, establishment of high-speed passenger rail service between Virginia and North Carolina offers the additional possibility of connections to destinations in the South, including Florida, Greenville-Spartanburg, South Carolina, and Atlanta, Georgia; and "Whereas, the Virginia General Assembly by passage of Senate Joint Resolution 396 of the 2001 Session has taken its action to create the Virginia-North Carolina Interstate High-Speed Rail Commission; and "Whereas, it is useful and prudent to have a panel of legislators from both Virginia and North Carolina established in order to explore the benefits, costs, and required legislative actions associated with establishing high-speed passenger rail service; Now, therefore," Session Laws 2001-266, ss. 1-5, as amended by Session Laws 2001-486, s. 2.22, and as amended by Session Laws 2003-284, s. 29.19, provides: "Section 1. Upon the Virginia General Assembly's concurring action, the Virginia-North Carolina Interstate High-Speed Rail Commission is established. The North Carolina component shall consist of eight members to be appointed as follows: "(1) Three members of the House of Representatives to be appointed by the Speaker of the House of Representatives. "(1a) One public member appointed by the Speaker of the House of Representatives; and "(2) Four members of the Senate to be appointed by the President Pro Tempore of the Senate, at least one of whom is a member of the North Carolina Railroad Study Committee. "Section 2. In conducting its study, the Commission shall hold regularly scheduled meetings in this State and in Virginia, tours of inspection, and public hearings as appropriate to determine the desirability and feasibility of establishing high-speed passenger rail service between Virginia and North Carolina. The Commission shall also study the establishment of an interstate high-speed rail compact between North Carolina, Virginia, and other states. If it appears to the Commission that establishment of such service or compact is desirable and feasible, the Commission shall consider and recommend to the Governor and General Assembly those legislative actions necessary to do so, including the identification of the necessary levels of funding and the sources of those funds. "Section 3. Upon approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional and clerical staff to assist in the work of the Commission. Technical support shall be provided by the Rail Division of the Department of Transportation. Clerical staff shall be furnished to the Commission through the offices of the House of Representatives and Senate Supervisors of Clerks. The Commission may meet in the Legislative Building or the Legislative Office Building upon the approval of the Legislative Services Commission. The North Carolina members of the Commission, while in the discharge of official duties, may exercise all the powers provided under the provisions of G.S. 120-19 through G.S. 120-19.4, including the power to request all officers, agents, agencies, and departments of the State to provide any information, data, or documents within their possession, ascertainable from their records, or otherwise available to them, and the power to subpoena witnesses. North Carolina members of the Commission shall receive per diem, subsistence, and travel allowances as follows: "(1) Commission members who are members of the General Assembly at the rate established in G.S. 120-3.1; "(2) Commission members who are officials or employees of the State or of local government agencies at the rate established in G.S. 138-6 ; and "(3) All other Commission members at the rate established in G.S. 138-5 . "Section 4. The Commission shall report its findings and any recommendations to the Governor and the General Assembly by November 30, 2004, and may make an interim report to the Governor and General Assembly upon the convening of the 2004 Regular Session of the 2003 General Assembly. The Commission shall terminate on November 30, 2004." "Section 5. From funds appropriated to the General Assembly, the Legislative Services Commission shall allocate funds for the expenses of the Interstate High-Speed Rail Commission." Editor's Note. - Session Laws 1993, c. 235, effective June 29, 1993, provides that Caldwell and Catawba Counties and the Cities of Granite Falls, Hudson, Hickory, Lenoir and Sawmills may create the Carolina and Northwestern Railroad Authority by following the procedures set forth therein. This Article is former Article 11 of Chapter 62 , as rewritten and recodified by Session Laws 1998-128, ss. 13-15. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Article as rewritten and recodified. Legal Periodicals. - For note on misuse of railroad right-of-way, see 29 N.C.L. Rev. 312 (1951). For article urging revision and recodification of North Carolina's eminent domain laws, see 45 N.C.L. Rev. 587 (1967). For article on remedies for trespass to land in North Carolina, see 47 N.C.L. Rev. 334 (1969). For a comment on the acquisition, abandonment, and preservation of rail corridors in North Carolina, see 75 N.C.L. Rev. 1989 (1997).