County, city or town may grant use of street by railroad to reach depot or pass through; limitations.
1. Any county, city or town in this state shall have, and is hereby fully empowered, by and through a two-thirds vote of the board of county commissioners, the city council, or any other officers having a supervisory or other control of such county, city or town, respectively, to give, grant or donate to any railroad company now organized or that may be hereafter organized under the laws of this state the use of any of the streets or highways which may be absolutely necessary in order to enable any such company to reach an accessible point for a depot in any such county, city and county, city or town, or to pass through the same on as direct a route as possible, and accommodate the traveling and commercial interests thereof.
2. The provisions of this section shall not apply to any street railroad now constructed, or hereafter to be constructed, in any of the incorporated cities of this state; nor shall any railroad company which may avail itself of the provisions of this section ever use its road for street railroad purposes or for the purpose of carrying passengers for a consideration from one point to another in the same city; nor shall any city or town donate any public square or any land set apart to the use of any one company.
Last modified: February 26, 2006