reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.030 - Who may form corporation — articles of association — where filed.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1951
388.030. Who may form corporation — articles of association — where filed. —
1. Any number of persons, not less than five, may form a company for the purpose of constructing, maintaining and operating a railroad for public use in the conveyance of persons and property; and for that purpose may make and sign articles of association, in which shall be stated the name of the company, the number of years the same is to continue, the places from and to which the road is to be constructed or maintained or operated, the length of such road, as near as may be, and the name of each county in the state through or into which it is made or intended to be made, the amount of the capital stock of the company, which shall not be less than ten thousand dollars for every mile of standard or broad gauge, nor less than five thousand dollars for every mile of narrow gauge road constructed or proposed to be constructed, and the number of shares of which said capital stock shall consist, and the names and places of residence of the directors of the company, not less than five nor more than twenty-one in number, who shall manage its affairs for the first year, and until others are chosen in their places.
2. Each subscriber to such articles of association shall subscribe thereto his name, place of residence, and the number of shares of stock he agrees to take in said company.
3. On compliance with the provisions of section 388.040, such articles of association may be filed in the office of the secretary of state, who shall endorse thereon the day they are filed, and record the same in a book to be provided by him for that purpose; and thereupon the persons who have so subscribed such articles of association, and all persons who shall become stockholders in said company, shall be a corporation by the name specified in such articles of the association, and shall possess the powers and privileges granted to corporations, and be subject to the provisions relating thereto contained in this chapter.
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(RSMo 1939 § 5126, A.L. 1951 p. 545)
Prior revisions: 1929 § 4654; 1919 § 9849; 1909 § 3048
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.040 - Articles of association, when filed — incorporation fee.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
• Effective - 28 Aug 1939
388.040. Articles of association, when filed — incorporation fee. —
1. Such articles of association shall not be filed and recorded in the office of the secretary of state, until at least one thousand dollars of stock for every mile of standard or broad gauge railroad, nor until at least five hundred dollars of stock for every mile of narrow gauge railroad proposed to be made, is subscribed thereto and five percent paid thereon, in good faith and in cash to the directors named in said articles of association; nor until there is endorsed thereon, or annexed thereto an affidavit, made by at least three of the directors named in said articles, that the amount of stock required by this section has been in good faith subscribed, and five percent paid in cash thereon, as aforesaid, and that it is intended, in good faith, to construct or maintain and operate the broad, standard or narrow gauge road mentioned in such articles of association; which affidavit shall be recorded with the articles of association, as aforesaid.
2. Provided, that such articles of association shall not be filed and recorded until such corporation or association shall pay into the state treasury fifty dollars for the first fifty thousand dollars or less of the capital stock of the corporation or association, and a further sum of five dollars for every additional ten thousand dollars of its capital stock, as provided by law.
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(RSMo 1939 § 5135)
Prior revisions: 1929 § 4662; 1919 § 9852; 1909 § 3051
CROSS REFERENCE:
Incorporation fees for business corporations generally, 351.065
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.050 - Copy of articles of association, evidence, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.050. Copy of articles of association, evidence, when. —
A copy of any articles of association filed and recorded in pursuance of this chapter, or of the record thereof, with a copy of the affidavit aforesaid endorsed thereon or annexed thereto, and certified to be a copy by the secretary of state, shall be presumptive evidence of the incorporation of such company, and of the facts therein stated.
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(RSMo 1939 § 5136)
Prior revisions: 1929 § 4663; 1919 § 9853; 1909 § 3052
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.060 - Corporate powers to cease, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.060. Corporate powers to cease, when. —
If any corporation formed under this chapter shall not, within two years after its articles of association are filed and recorded in the office of the secretary of state, begin the construction of its road, and shall not within one year thereafter expend thereon not less than ten percent on the amount of its capital, or shall not finish its road and put it in operation in ten years from the time of filing its articles of association as aforesaid, its corporate existence and powers shall cease; provided, that if a portion of its road shall be finished and in operation, it shall continue its corporate existence, with power to hold and manage the portion of its road so constructed, and for no other purpose.
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(RSMo 1939 § 5248)
Prior revisions: 1929 § 4810; 1919 § 9999; 1909 § 3212
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.070 - Election of directors — terms of office.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.070. Election of directors — terms of office. —
Any railroad corporation heretofore or hereafter organized under the laws of this state may elect its directors for one or more years, not to exceed three years, the time of service and mode of classifications to be provided for by the bylaws of the corporation; provided, however, that there shall be an annual election for such number or proportion of directors as may be found upon dividing the entire number of directors by the number of years composing a term.
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(RSMo 1939 § 5127)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.100 - Directors to appoint officers.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.100. Directors to appoint officers. —
The directors shall appoint one of their number president; they may also appoint a treasurer and secretary, and such other officers and agents as shall be prescribed by the bylaws of the company.
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(RSMo 1939 § 5137)
Prior revisions: 1929 § 4664; 1919 § 9854; 1909 § 3053
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.110 - Ineligibility for office.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
• Effective - 28 Aug 1939
388.110. Ineligibility for office. —
It shall be unlawful to elect or appoint any person to any office of profit or trust, or for such person to hold such office or appointment, in any railroad corporation established by any law of this state, who is a stockholder, owner or part owner of any express, dispatch, fast freight or transportation company, whether incorporated or not, which has for its object, or one of its objects, the shipment of freight or transportation of persons over said railroad, or any railroad in direct connection therewith, or who is in any way pecuniarily interested in any company or copartnership formed for any such or like purpose; and all persons interested in aforesaid are hereby declared ineligible for any such office or appointment.
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(RSMo 1939 § 5146)
Prior revisions: 1929 § 4673; 1919 § 9863; 1909 § 3062
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.120 - Penalty for violation of section 388.110.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.120. Penalty for violation of section 388.110. —
If any person shall be elected to any office or appointed to any position in violation of section 388.110, and shall hold any such office or appointment, he shall forfeit and pay the sum of one hundred dollars for each and every day that he shall exercise the functions of said office, which amount may be recovered at the suit of any stockholder of the company in which the office or appointment shall be unlawfully held. Such suit shall be in the name of the company, and one-half of the amount received shall go into the treasury of the company, and the other half to the stockholder prosecuting.
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(RSMo 1939 § 5147)
Prior revisions: 1929 § 4674; 1919 § 9864; 1909 § 3063
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.130 - Furnishing of supplies prohibited, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.130. Furnishing of supplies prohibited, when. —
1. No president, director, officer, agent or employee of any railroad company, or other corporation operating a railroad, shall hereafter be interested in any manner, directly or indirectly, in furnishing materials or supplies to such company; nor shall any such officer, agent or employee of any railroad company, or other corporation owning, controlling or managing a railroad, be interested, directly or indirectly, in the business of transportation as a common carrier of freight or passengers over the works owned, leased, controlled or operated by the corporation or association of which he is an officer, agent or employee.
2. Any president, director, officer, agent or employee of any such railroad company who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum of not less than two hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for a term of not less than three months nor more than one year, or by both such fine and imprisonment, and each day any such violation continues shall be a separate offense.
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(RSMo 1939 § 5231)
Prior revisions: 1929 § 4774; 1919 § 9962; 1909 § 3161
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.140 - Transportation certificates may be issued — effect of.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
• Effective - 28 Aug 1939
388.140. Transportation certificates may be issued — effect of. —
Any railroad company heretofore incorporated, or which may be hereafter organized or incorporated in this state in pursuance of law, may receive subscriptions to the capital stock of such company or corporation to aid in the construction or equipment of its road, to be known as "transportation subscriptions", and the certificates of stock to be issued thereon, as herein provided, shall be known as "transportation certificates", each of which shall be for an amount equal to one share of stock in such company and may be issued to one or more persons, and shall entitle the holder or holders thereof, or their assigns or legal representatives, to all the privileges of a stockholder in such company, but shall not subject the holder to any liability for the debts or obligations of such company, and shall be an irrevocable and indefeasible first lien and charge upon and against such railroad, and the roadbed, rolling stock and depots, engine houses and machine shops of such company, then in possession of or thereafter acquired by such company or its successor or successors or assigns, whether in the hands of such company or of any other person, company or corporation whatsoever into whose hands or possession the same may at any time come, until taken up, paid or discharged by such company as herein provided, except the liens provided by law in favor of the employees of a railroad company, and in favor of parties performing labor, or furnishing materials for the construction or the improvement of the roadbed, rolling stock, station houses, depots, bridges or culverts, and except as to mortgages recorded in the county or counties through which the line of such road runs or is proposed to be run, before the date of the making of such subscription; which mortgages shall have the preference only as to so much of such road and the property of such company as lies or is situated in counties in which the same are at that time recorded; and such mortgage shall not have any preference as a lien upon any property of such company acquired after the time of making such subscriptions.
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(RSMo 1939 § 5141)
Prior revisions: 1929 § 4668; 1919 § 9858; 1909 § 3057
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.160 - Certificates issued jointly or severally.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.160. Certificates issued jointly or severally. —
Any two or more persons may unite in their subscriptions so as to make the same joint as well as several, and have the certificates of stock issued thereon to them jointly; but in the absence of express agreement to the contrary, all subscriptions shall be several and not joint, and may be sued upon severally in any court of competent jurisdiction, without filing the original subscription list as an exhibit in the cause.
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(RSMo 1939 § 5143)
Prior revisions: 1929 § 4670; 1919 § 9860; 1909 § 3059
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.170 - Certificates shall draw interest and be assignable.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.170. Certificates shall draw interest and be assignable. —
Every certificate of stock issued under the provisions of this chapter shall recite that fact upon its face; shall draw interest from date at six percent per annum, unless otherwise agreed in the articles of subscription; and shall be assignable by endorsement, under the hand of the holder thereof, and shall entitle the holder or his assignee to an amount of transportation, either freight or passenger, in his own right or at his request, over any and all parts of the road of such company, its successors, assigns, lessees, or any company operating the same at the time, to an amount equal to the face value thereof and accrued interest, if any, at rates not exceeding those set forth in the recorded statement herein provided for, provided, that such company shall have a right to require one-half of each freight bill, or of the fare for each trip, to be paid in cash, and that the remainder only shall be credited thereon until the amount due and unpaid shall be less than one-eighth thereof after which such holder shall be entitled to freight or passage to an amount equal to the balance due thereon until the same is all paid, when it shall be delivered up to said company, and the rights of such holder thereunder shall cease; provided further, that no assignment of any such certificate shall create any other or greater liability in the assignor than is expressly created by such assignment.
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(RSMo 1939 § 5144)
Prior revisions: 1929 § 4671; 1919 § 9861; 1909 § 3060
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.180 - Correct record of certificates issued to be kept — shall show what.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.180. Correct record of certificates issued to be kept — shall show what. —
Every railroad company taking subscriptions under this chapter shall keep in its principal office in this state, open to inspection, a correct record of all such certificates of stock issued by them or their assignor or predecessor, showing the number, date, and to whom issued, and when cancelled; and it shall be the duty of the county clerk, upon production by such company of any such cancelled certificate, to note the fact and date of such cancellation in his office.
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(RSMo 1939 § 5145)
Prior revisions: 1929 § 4672; 1919 § 9862; 1909 § 3061
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.190 - Interest account with stockholders to be kept.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.190. Interest account with stockholders to be kept. —
Any railroad company may open and keep an interest account with their stockholders, from the dates of their payments on their subscription, respectively; and, in order to place all their stockholders on an equal footing, may allow interest from the dates of such payments, payable in stock, for such time and under such regulations as the board of directors may prescribe.
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(RSMo 1939 § 5172)
Prior revisions: 1929 § 4707; 1919 § 9897; 1909 § 3092
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.200 - Persons holding stock in fiduciary capacity not liable as stockholders.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1983
388.200. Persons holding stock in fiduciary capacity not liable as stockholders. —
No person holding stock in any such company, as personal representative, conservator, or trustee, and no person holding such stock as collateral security shall be personally subject to any liability as a stockholder of such company; but the person pledging such stock shall be considered as holding the same, and shall be liable as a stockholder accordingly; and the estates and funds in the hands of such personal representative, conservator, or trustee shall be liable in like manner, and to the same extent, as the testator or intestate of the protectee or person interested in such fund would have been, if he had been living and competent to act, and held the same stock in his own name.
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(RSMo 1939 § 5140, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 4667; 1919 § 9857; 1909 § 3056
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.230 - Capital stock may be reduced, when and how.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.230. Capital stock may be reduced, when and how. —
Any railroad company incorporated by the laws of this state may at any time reduce the amount of its capital or common stock by a vote of three-fifths in interest of all the stock of such company to be affected thereby, at a stockholders' meeting, called in conformity to the bylaws of such company; and if so voted for, said capital stock may be reduced upon the plan in detail thus submitted to the stockholders; provided, that such reduction shall be so made as to affect the interest of all stockholders alike; provided, that nothing in this section shall be so construed as to permit the reduction of the capital stock of any company below the minimum amount prescribed by law.
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(RSMo 1939 § 5148)
Prior revisions: 1929 § 4675; 1919 § 9865; 1909 § 3064
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.240 - Reorganization manager may adopt amendments to charters — certificates of amendments to be filed.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1945
388.240. Reorganization manager may adopt amendments to charters — certificates of amendments to be filed. —
1. Notwithstanding the provisions of any other statutes of this state applicable to amendments of charters or articles of association of railroad companies incorporated under its laws, where a plan of reorganization of any such railroad company pursuant to the act of Congress of July 1, 1898, entitled "An Act to Establish a Uniform System of Bankruptcy Throughout the United States", as amended (herein called "The National Bankruptcy Act" ), has been confirmed by decree or order of a court of competent jurisdiction, the reorganization managers or committee designated in the plan of reorganization to consummate the same, or such other person so authorized by the court or judge in such reorganization proceedings, shall have full power and authority to adopt such amendments of its charter or articles of association as may be necessary and proper to put into effect and carry out such plan of reorganization and the decrees and orders of the court relative thereto without action by the directors or stockholders of any such railroad company.
2. After the adoption of such amendments of the charter or articles of association a certificate of amendment executed, acknowledged and sworn to by such reorganization managers or committee or such other person so authorized by the court or judge to adopt such amendments, shall be filed with the secretary of state. Such certificate of amendment shall show
(1) The name of the corporation and, if it has been changed, the name under which it theretofore existed;
(2) The amendment or amendments adopted;
(3) The new capitalization of such corporation; and
(4) That such amendments and new capitalization were authorized by the plan of reorganization or in a decree or order of the court relative thereto, and that the plan has been confirmed under The National Bankruptcy Act, with the title and venue of the proceeding and the date when the decree or order confirming the plan was made.
3. Any such reorganized railroad company shall not be precluded from thereafter further amending its charter or articles of association in the manner otherwise provided by law. For the amendment of a charter or articles of association pursuant to a plan of reorganization as in this section provided, there shall be paid to the state of Missouri such fees as are or shall be prescribed by law on any increase in the capital stock of such reorganized company over its aggregate authorized capital stock upon which incorporation fees were previously paid.
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(L. 1945 p. 684 § 5289C)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.250 - Trustees or receivers — rights and powers.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1941
388.250. Trustees or receivers — rights and powers. —
Trustees or receivers of railroad companies and corporations and their estates appointed by any court whatsoever owning, holding, operating, controlling or managing any such corporation or company or its estate shall have all the rights and powers possessed by railroad corporations and companies under the laws of Missouri.
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(L. 1941 p. 329 § 5289A)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.260 - Railroad company may own and operate equipment for aerial transportation.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.260. Railroad company may own and operate equipment for aerial transportation. —
Any steam railroad company operating in this state may acquire, own and operate equipment designed for aerial transportation of persons and/or property in the same manner as individuals are now or may hereafter be lawfully permitted so to do.
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(RSMo 1939 § 5132)
Prior revision: 1929 § 4659
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.270 - May own and operate motor vehicles.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.270. May own and operate motor vehicles. —
Any steam railroad company operating a railroad in this state may acquire, own and operate motor vehicles for the purpose of carrying passengers or property, or both persons and property, for hire upon the highways of this state in the same manner as individuals are now or may hereafter be permitted so to do.
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(RSMo 1939 § 5133)
Prior revision: 1929 § 4660
(1956) Railroad, having authority to transport freight by truck from depot to depot, was not entitled to authority to pick up and deliver freight to shippers' docks in absence of showing of public convenience and necessity. State ex rel. Missouri Pac. Freight Trans. Co. v. Pub. Serv. Comm. (A.), 288 S.W.2d 679.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.280 - Companies may contract with each other.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.280. Companies may contract with each other. —
All railroad corporations may contract with each other, or with other corporations, in any manner not inconsistent with the scope, object and purpose of their creation and management.
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(RSMo 1939 § 5183)
Prior revisions: 1929 § 4721; 1919 § 9911; 1909 § 3106
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.320 - Power to construct roads, connect with, intersect or cross other lines — duty to receive each other's freight.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.320. Power to construct roads, connect with, intersect or cross other lines — duty to receive each other's freight. —
Any railroad corporation or association, organized for the purpose, shall have the right to construct and operate a railroad between any points within this state, and to connect at the state line with railroads of other states; and shall have the right, with its road, to intersect, connect with or cross any other railroad, and shall receive and transport each other's passengers, tonnage and cars, loaded or empty, without delay or discrimination.
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(RSMo 1939 § 5232)
Prior revisions: 1929 § 4775; 1919 § 9963; 1909 § 3162
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.330 - Shall file profile maps, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
• Effective - 28 Aug 1939
388.330. Shall file profile maps, when. —
Every railroad company shall, before constructing any part of its road into or through any county named in its articles of association, and every company heretofore formed and now operating roads in any county in this state, shall make a profile map or maps of the route intended to be or already adopted by such company in such county, which map or maps shall show the actual survey, location and distance of the roadbed through the congressional sections through which such road runs, and also the location and number of miles of main and sidetracks of such road in such county, and which map or maps shall be certified by the president and engineer of the company or a majority of the directors, and filed in the office of the clerk of the county commission of the county in which the road is to be or has been made. The company shall give written notice to all actual occupants of the land over which the route of the road is so designated, and which has not been purchased by or given to the company.
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(RSMo 1939 § 5158)
Prior revisions: 1929 § 4685; 1919 § 9875; 1909 § 3074
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.340 - Extension of lines — other roads, how acquired — assent of majority of stockholders required.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.340. Extension of lines — other roads, how acquired — assent of majority of stockholders required. —
Any railroad company heretofore organized, or which may hereafter be organized under the laws of this state, may extend its line of railroad beyond this state into or through any other state or territory, and may acquire any line of railroad within or without this state which shall form a continuous line with the road operated by such company, by direct connection or by bridge, ferry or otherwise, or over any other line or lines constructed, or to be constructed, and which bridge, ferry, line or lines, such company shall have the right, by contract or otherwise, when completed, to use or operate, and may acquire and may hold the obligations and stock of other companies owning or operating any such lines of road, bridge or ferry; provided, that no line of railroad shall be so purchased until a meeting of the stockholders of such company or companies of this state, party or parties to such an agreement, whereby a railroad in this state may be purchased, shall have been called by the directors thereof, at such times and places and in such manner as they shall designate, sixty days' due notice thereof having been previously given, and the holders of a majority of such stock, by person or proxy, shall have assented thereto, or until a majority of the holders of the stock of such company shall have consented thereto, in writing, and a certificate thereof signed by the president and secretary of said company or companies shall have been filed in the office of the secretary of state.
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(RSMo 1939 § 5164)
Prior revisions: 1929 § 4691; 1919 § 9881; 1909 § 3080
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.350 - Extensions and branches authorized — procedure — fees.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
• Effective - 28 Aug 1939
388.350. Extensions and branches authorized — procedure — fees. —
Any railroad company organized under the laws of this state, or under the laws of any other state, a portion of whose line of railroad is constructed within this state, shall have the right to build extensions and branches of its line of railroad within this state of such length and in such direction as may be authorized by resolution adopted by its board of directors at any regular or special meeting of said board, which resolution shall show the county or counties into or through which said extension or branch railroad shall be constructed, and shall set forth the length of said extension or branch railroad and the proposed cost thereof and the intention of said railroad company to build the same. A certified copy of such resolution of the board of directors shall be filed in the office of the secretary of state, and when so filed shall be held and deemed to be an amendment to the charter of said corporation; provided, that before any railroad company shall extend its line or branches under the provisions of sections 388.350 to 388.370, it shall pay the same fees to the state as is now or may hereafter be provided for an original charter.
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(RSMo 1939 § 5151)
Prior revisions: 1929 § 4678; 1919 § 9868; 1909 § 3067
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.360 - Maps of extensions and branch routes to be filed, where — notice to landowners.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
• Effective - 28 Aug 1939
388.360. Maps of extensions and branch routes to be filed, where — notice to landowners. —
Every railroad company, as aforesaid, before proceeding to construct any such extension of its railroad or branch railroad into or through any county mentioned in said resolution of its board of directors, shall make a map or maps of the route intended to be or already adopted for such extension or branch railroad by such company in such county or counties, which map or maps shall show all details as required by section 388.330, and shall be certified by the president or vice president and engineer of said company, or by a majority of the directors, and filed in the office of the clerk of the county commission of each county into or through which the extension of said railroad or said branch railroad is intended to be constructed. The company shall give written notice to all actual occupants of the land over which the route of said extension or branch railroad is so designated, and which has not been purchased by or given to said company.
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(RSMo 1939 § 5152)
Prior revisions: 1929 § 4679; 1919 § 9869; 1909 § 3068
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.370 - Right-of-way — how secured.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
• Effective - 28 Aug 1939
388.370. Right-of-way — how secured. —
Any railroad company in this state shall have the right to take and hold all necessary ground for right-of-way for the extensions and branch railroads authorized to be constructed as aforesaid and for depots and sidetracks and other necessary purposes, and if the title thereof cannot be secured by agreement with the owners thereof, or if from any other cause the title cannot be secured, such company may proceed to condemn the same in the same manner and with the same effect as is now provided by law for the condemnation of other lands.
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(RSMo 1939 § 5153)
Prior revisions: 1929 § 4680; 1919 § 9870; 1909 § 3069
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.380 - Right-of-way through state, county or city lands.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.380. Right-of-way through state, county or city lands. —
The right-of-way is hereby granted to any railroad company through any unimproved land belonging to this state, through which their railroad may pass; and in case any more land belonging to this state shall be required for the purpose of any railroad corporation than is needed for the track of the road, and in case any improved land belonging to the state shall be necessary for the purpose of any railroad corporation, the secretary of state shall have power to grant to any railroad company any land belonging to this state which may be required for the purposes of their road, on such terms as may be agreed on between said secretary of state and said company; or such company may acquire title thereto by appraisal, as in the case of land owned by individuals; and if any land belonging to a county, city or town is required by any company for the purposes of their road, the county or city or town officers having charge of such land may grant to such company, on such terms as may be agreed upon, or the land may be appraised in the manner aforesaid.
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(RSMo 1939 § 5154)
Prior revisions: 1929 § 4681; 1919 § 9871; 1909 § 3070
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.390 - Title to lands of persons not sui juris, how acquired.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1983
388.390. Title to lands of persons not sui juris, how acquired. —
In case any title or interest in real estate required by any company formed under this chapter for the purpose of its incorporation shall be vested in any trustee not authorized to sell, release and convey the same, or in any infant or mentally or physically disabled person, the probate division of the circuit court shall have power by a summary proceeding on petition to authorize and empower such trustee or the conservator of such infant or mentally or physically disabled person, to sell and convey the same to such company, for the purposes of its incorporation, on such terms as may be just; and in case any such infant or disabled person is not in charge of such court or conservator, the court may appoint a guardian ad litem for the purpose of making such sale, release or conveyance, and may require such security from such guardian ad litem as the court may deem proper. But before any conveyance or release, authorized by this section, shall be executed, the terms on which the same is to be executed shall be reported to the court on oath; and if the court is satisfied that such terms are just to the parties interested in such real estate, the court shall confirm the report and direct the proper conveyance or release to be executed, which shall have the same effect as if executed by an owner of the land, having legal power to sell and convey the same.
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(RSMo 1939 § 5155, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 4682; 1919 § 9872; 1909 § 3071
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.400 - Title to school lands, how acquired.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.400. Title to school lands, how acquired. —
In all cases when it becomes necessary for any railroad company to acquire title to any unsold sixteenth section, or other school lands, required for the purposes of the incorporation, it shall be lawful in proceedings instituted by such railroad company to acquire title thereto, to notify the county school superintendent of the county in which such land, or the greater part thereof, is situate; or, if there be no such superintendent qualified to act, then such notice may be served upon the presiding commissioner of the county commission of the county in which such land, or the greater part thereof, is situate; and like proceedings shall be had as in other cases.
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(RSMo 1939 § 5156)
Prior revisions: 1929 § 4683; 1919 § 9873; 1909 § 3072
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.410 - Lands for depot purposes, how condemned.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.410. Lands for depot purposes, how condemned. —
In case lands sought to be appropriated by any railroad company in this state for depot purposes belong to private persons, and such company and the owner cannot agree on the compensation to be paid, or in case the owner is incapable of contracting, be unknown or a nonresident of the state, such company may have such lands condemned in the manner that is provided in chapter 523 for assessing damages which the owners of lands may severally sustain in consequence of the erection, establishment and maintenance of railroads over such lands; provided, that in no case shall more than ten acres of land in the country or more than six blocks in a town, village or city, be condemned under chapter 523 at any one place, or for any one depot; and provided further, that any other railroad company shall have the right to use said depot grounds for depot purposes with the necessary buildings, turnouts, sidings, switches and other conveniences in furtherance of said purpose; and if the said two companies cannot agree upon the amount of compensation to be made therefor, or the points or manner of such use, the same shall be ascertained and determined by commissioners, as provided by law for the condemnation of land for railroad purposes.
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(RSMo 1939 § 1513)
Prior revisions: 1929 § 1349; 1919 § 1800; 1909 § 2369
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.430 - Roadbed may be changed — gauge.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.430. Roadbed may be changed — gauge. —
1. The directors of any railroad company heretofore incorporated under any general or special law, or that may hereafter be organized under the provisions of this chapter, may, by a vote of two-thirds of their whole number, at any time change their roadbed, or roadline, or any part thereof, for the purpose of shortening the line or to overcome natural objections thereto, or to secure economy in its construction; and when the capital stock of such company subscribed, and the amount paid thereon, shall be equal to or exceed the amount per mile, including the proposed extension, which, by section 388.040, is required to be subscribed and paid before filing the original articles of association, then such company may, by a like vote of its directors, at any time extend its line or roadbed from either terminus named in its original charter to such other point as shall be named in such proceedings of such company.
2. And whenever the business of any railroad company which may have heretofore organized or which may hereafter organize to construct a railroad of any gauge may demand a change of the gauge thereof, or whenever for other causes such change of gauge may become necessary or desirable, such company may, by a like vote of its directors, change its gauge, if a narrow, to a broad or standard, and if a broad or standard, to a narrow gauge railroad; provided, that if such railroad desiring such change of gauge be a narrow gauge railroad, such change of gauge shall not be made unless the capital stock of said company shall be at least ten thousand dollars per mile of such road constructed, or shall be increased in the manner provided in this chapter to such sum, nor unless there shall be subscribed in good faith at least one thousand dollars per mile of such road constructed or proposed to be constructed, and five percent thereon paid in cash, nor until such company shall pay into the state treasury the sum of five dollars for every ten thousand dollars of increased capital stock made necessary by such change of gauge. Such proceedings in relation to the extension of their road shall be entered on the record of the company, and a copy of such proceedings, with an affidavit as required by section 388.040 endorsed thereon, shall be filed in the office of the secretary of state, and by him recorded and certified as the original articles of association. But nothing contained in this chapter shall be so construed as to authorize such company to change the general route of their line or roadbed, or to avoid running their road through any point named in the original articles of association, or either terminus named therein, or to change the last established terminus except by extension of their road as aforesaid.
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(RSMo 1939 § 5150)
Prior revisions: 1929 § 4677; 1919 § 9867; 1909 § 3066
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.440 - Right of trustees to change roadbed or roadline and to acquire right-of-way.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1941
388.440. Right of trustees to change roadbed or roadline and to acquire right-of-way. —
Trustees or receivers of railroad companies and corporations and their estates appointed by any court whatsoever, owning, holding, operating, controlling or managing any such corporation or company or its estate shall have the right and power at any time to change the roadbed or roadline of the corporation or company or estate for which they were appointed trustees or receivers and which they are owning, holding, operating, controlling or managing, or any part of such roadbed or roadline, for the purpose of shortening the line or to overcome natural objections thereto or to secure economy in its construction or maintenance, and shall have the right and power to take and hold all necessary ground for right-of-way for such changes, and if the title thereof cannot be secured by agreement with the owners thereof, or if for any other cause the title cannot be secured, such trustees or receivers may proceed to condemn the same in the same manner and with the same effect as is now provided by law for the condemnation of lands by railroad corporations.
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(L. 1941 p. 329 § 5289B)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 388 - Railroad Corporations › Section 388.450 - Bridges over navigable streams in state — how constructed by railroads.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388
Effective - 28 Aug 1939
388.450. Bridges over navigable streams in state — how constructed by railroads. —
Bridges may be built by railroad companies owning lines of road in the state of Missouri on the lines of their routes, across rivers and other waterways, the navigable portions of which lie wholly within the limits of the state of Missouri; provided, the location and plans thereof are submitted to and approved by the chief engineers and the Secretary of the Army of the United States, and filed in the office of the secretary of state of the state of Missouri, before construction is commenced; and provided further, that when plans for any such bridge or other structures have been approved by the chief of engineers and by the Secretary of the Army, it shall not be lawful to deviate from such plans either before or after completion of the structure unless the modification of said plans has previously been submitted to and received the approval of the chief engineer and of the Secretary of the Army.
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(RSMo 1939 § 5134)
Prior revisions: 1929 § 4661; 1919 § 9851; 1909 § 3050