STATE LAND LAWS 177 



CONDEMNATION RAILWAYS. SEC. 250 



of way for tunnels beneath the surface of the land, and any ele- 

 vated rights of way above the surface thereof, including lands 

 granted to the state for university, school or other purposes, 

 and also tide and shore lands belonging to the state (but not 

 including harbor areas), which may be necessary for the line of 

 such road, railway or canal, or site of such bridge, not exceed- 

 ing two hundred feet in width, besides a sufficient quantity 

 thereof for toll houses, workshops, materials for construction, 

 excavations and embankments and a right of way over adjacent 

 lands or property, to enable such corporation to construct and 

 prepare its road, railway, canal or bridge, and to make proper 

 drains ; and in case of a canal, whenever the court shall deem it 

 necessary, to appropriate a sufficient quantity of land, including 

 lands granted to the state for university, school or other pur- 

 poses, in addition to that before specified in this section, for the 

 construction and excavation of such canal and of the slopes and 

 bermes thereof, not exceeding one thousand feet in total width; 

 and in case of a railway to appropriate a sufficient quantity of 

 any such land, including lands granted to the state for univer- 

 sity, schools and other purposes and also tide and shore lands 

 belonging to the state (but not including harbor areas), in addi- 

 tion to that before specified in this section, for the necessary side- 

 tracks, depots and water stations, and the right to conduct 

 water thereto by aqueduct, and for yards, terminal transfer and 

 switching grounds, docks and warehouses required for receiving, 

 delivering, storage and handling of freight, and such land, or 

 any interest therein, as may be necessary for the security and 

 safety of the public in the construction, maintenance and opera- 

 tion of its railways ; compensation therefor to be made to the 

 owner thereof irrespective of any benefit from any improvement 

 proposed by such corporation, in the manner provided by law. 

 The term land as herein used includes tide and shore lands but 

 not harbor areas ; it also includes any interest in land or contract 

 right relating thereto, including any leasehold interest therein. 

 (Code '81, sec. 2446; amended, Laws '88, p. 63, sec. 2; amended, 

 Laws ? 95, p. 147, sec. 2 ; amended, Laws '03, p. 383, sec. 1 ; 



