(610 ILCS 5/19) (from Ch. 114, par. 20)
Sec. 19.
Every corporation formed under this act shall, in addition to the
powers hereinbefore conferred, have power:
1. To cause such examination and survey for its proposed railway to
be made as may be necessary to the selection of the most advantageous
route; and for such purpose, by its officers, agents or servants, may enter
upon the lands or waters of any person or corporation, but subject to
responsibility for all damages which shall be occasioned thereby.
2. To take and hold such voluntary grants of real estate and other
property as shall be made to it, in aid of the construction and use of its
railway, and to convey the same when no longer required for the uses of
such railway, not incompatible with the terms of the original grant.
3. To purchase, hold and use all such real estate and other property
as may be necessary for the construction and use of its railway, and the
stations and other accommodations necessary to accomplish the object of its
incorporation, and to convey the same when no longer required for the use
of such railway.
4. To lay out its road, not exceeding one hundred feet in width,
and to construct the same; and for the purpose of cuttings and embankments,
to take as much more land as may be necessary for the proper construction
and security of the railway; and to cut down any standing trees that may be
in danger of falling upon or obstructing the railway, making compensation
therefor in manner provided by law.
5. To construct its railway across, along or upon any stream of
water, watercourse, street, highway, plank road, turnpike or canal, which
the route of such railway shall intersect or touch; but such corporation
shall restore the stream, watercourse, street, highway, plank road and
turnpike thus intersected or touched, to its former state, or to such state
as not unnecessarily to have impaired its usefulness, and keep such
crossing in repair: Provided, that in no case shall any railroad company
construct a roadbed without first constructing the necessary culverts or
sluices, as the natural lay of the land requires for the necessary drainage
thereof. Nothing in this act contained shall be construed to authorize the
erection of any bridge, or any other obstruction, across or over any stream
navigated by steamboats, at the place where any bridge or other
obstructions may be proposed to be placed, so as to prevent the navigation
of such stream; nor to authorize the construction of any railroad upon or
across any street in any city, or incorporated town or village, without the
assent of the corporation of such city, town or village, but in
case of the constructing of the railway along highways, plank roads,
turnpikes or canals, such railway shall either first obtain the consent of
the lawful authorities having control or jurisdiction of the same, or
condemn the same under the provisions of any eminent domain law now or
hereafter in force in this state.
6. To cross, intersect, join and unite its railways with any other
railway before constructed, at any point in its route, and upon the grounds
of such other railway company, with the necessary turnouts, sidings and
switches, and other conveniences, in furtherance of the objects of its
connections; and every corporation whose railway is or shall be hereafter
intersected by any new railway, shall unite with the corporation owning
such new railway 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 in manner prescribed by law.
7. To receive and convey persons and property on its railway, by
the power and force of steam or animals, or by any mechanical power.
8. To erect and maintain all necessary and convenient buildings and
stations, fixtures and machinery, for the construction, accommodation and
use of passengers, freights and business interests, or which may be
necessary for the construction or operation of said railway.
9. To regulate the time and manner in which passengers and property
shall be transported, and the compensation to be paid therefor, subject,
nevertheless, to the provisions of any law that may now or hereafter be
enacted.
10. From time to time, to borrow such sums of money as may be
necessary for completing, finishing, improving or operating any such
railway, and to issue and dispose of its bonds for any amount so borrowed,
and to mortgage its corporate property and franchises to secure the payment
of any debt contracted by such corporation for the purposes aforesaid; but
the concurrence of the holders of two-thirds in amount of the stock of such
corporation, to be expressed in the manner and under all the conditions
provided in the fifteenth section of this act, shall be necessary to the
validity of any such mortgage; and the order or resolution for such
mortgage shall be recorded as provided in the second section of this act;
and the directors of such corporation shall be empowered, in pursuance to
any such order or resolution, to confer on any holder of any bond for money
so borrowed, as above stated, the right to convert the principal due or owing
thereon into stock of such corporation, at any time not exceeding 10 years
after the date of such bond, under such regulations as may be provided in
the by-laws of such corporation.
(Source: P.A. 84-551.)
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