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Terms Used In Maryland Code, PUBLIC UTILITIES 9-303

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County: means a county of the State or Baltimore City. See
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • including: means includes or including by way of illustration and not by way of limitation. See
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
(a) (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) (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) (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.