(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.
Structure Maryland Statutes
Division I - Public Services and Utilities
Subtitle 3 - Maryland Railroad Companies
Section 9-301 - "Maryland Railroad Company" Defined
Section 9-302 - Scope of Subtitle
Section 9-304 - Crossings -- Streams
Section 9-305 - Crossings -- Other Railroads
Section 9-306 - Crossings -- Highways
Section 9-307 - Abandonment by Unfinished Railroad
Section 9-308 - Owning or Obtaining Interests in Other Transportation Companies
Section 9-309 - Liability for Injuries to Livestock and Damages From Fire
Section 9-310 - Use of Crossing or Connecting Tracks
Section 9-311 - Protection of Highway Crossing -- in General
Section 9-312 - Protection of Highway Crossing -- Reflectors at Safety Gates
Section 9-313 - Protection of Highway Crossing -- Warning Signs