Title XXV — INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

388.010. Railroad corporation defined. — The term "railroad corporation" contained in this chapter shall be deemed and taken to mean all corporations, companies or individuals now owning or operating, or which may hereafter own or operate, any railroad in this state. ­­-------- (…

388.020. Chapter to govern. — All existing railroad corporations within this state, and such as may be hereafter chartered or formed, shall, respectively, have and possess all the powers and privileges contained in this chapter; and they shall be subject to all the duties, liabil…

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 th…

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 …

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 t…

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…

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…

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. ­­-------- (RSMo 1939 § 5137) Prior revisi…

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 …

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 ever…

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 t…

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 …

388.150. Subscription for certificates, how taken — certificates to issue, when. — Whenever any railroad company shall decide, by a majority vote of the stockholders present at any regular meeting, to obtain subscriptions as provided for in section 388.140, they shall prepare a s…

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 contrar…

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 subscript…

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…

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, m…

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 liabilit…

388.210. General and additional powers. — Every corporation formed under this chapter shall, in addition to the powers herein conferred, have power: (1) To cause such examination and survey for its proposed railroad to be made as may be necessary to the selection of the most adva…

388.220. Amendment of articles of incorporation — method. — 1. A railroad corporation may amend its articles of incorporation from time to time in any and as many respects as may be desired; provided, that its articles of incorporation as amended contain only such provisions as m…

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 …

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 un…

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 …

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 o…

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 t…

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. ­­-------- (RSMo 1939 § 5183) Prior revisions…

388.290. Companies may consolidate, when. — 1. Any two or more railroad companies in this state, existing under either general or special laws, and owning railroads constructed wholly or in part, which, when completed and connected, will form in the whole or in the main one conti…

388.300. Aiding other railroads to form connection — terms. — 1. Any railroad company heretofore incorporated or hereafter organized in pursuance of law, may, at any time, by means of subscription to the capital stock of any other railroad company, or otherwise, aid such company …

388.310. Liability of companies for debts after sale — consolidation — lease — assignment — suits for recovery authorized. — 1. Whenever any railroad, street railway, terminal or other railway corporation owning, operating, maintaining, managing or running any railway or railroad…

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 st…

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 …

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 …

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 …

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 boa…

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 necessar…

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 …

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…

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…

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 inca…

388.420. May take material for construction, when and how. — 1. Any company shall have power, by themselves or agents, to enter and take from any land in the neighborhood of the line of their railroad, earth, gravel, stone, wood, water, or other material necessary for the constru…

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 c…

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 co…

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 …

388.460. Union stations — construction corporations — who may construct. — 1. In order to facilitate the public convenience and safety in the transmission of goods and passengers in, and in the neighborhood of, large cities, from one railroad to another, and to prevent the unnece…

388.470. Powers of such corporation or railroad company. — Every corporation formed under section 388.460, and every railroad company which may build and operate a union station or depot under said section, shall, in addition to the general powers conferred by the laws of this st…

388.480. Formation of corporation to build line from county seat to railroad or river. — For the sole purpose of connecting county seats in the state of Missouri with railroads, or with the Missouri or Mississippi rivers, where such connection does not already exist, it shall be …

388.490. Powers and duties of such corporation. — Such incorporation shall possess all the rights, privileges and powers given to any railroad corporation by the laws of this state, and in addition thereto, shall not be required to have any greater amount of stock than to the inc…

388.500. Interurban railroads — powers of company. — Any corporation now existing, or that may hereafter be incorporated, for the purpose of constructing, building, owning, operating and maintaining an interurban electric railroad, shall have and possess the same rights and be su…

388.510. Foreign and nonresident railroad companies, license required — penalty. — If any foreign or nonresident railway corporation of whatever kind, incorporated, created and existing under the laws of any other state, territory or country, and doing business as a carrier of fr…

388.600. Railroad police authorized. — Any railroad company may apply to the director of the department of public safety for appointment of one or more of its employees of the age twenty-one or over, who regularly work in this state and who are residents of this state, or of an a…