§ 17. Acquisition of title to real property; additions, betterments
and facilities. All real property required by any railroad corporation
for the construction, maintenance and accommodation of its railroad
shall be deemed to be required for a public use, and may be acquired by
such corporation. If the corporation is unable to agree for the
purchase of any such real property, or of any right, interest or
easement therein, required for any such purpose, or if the owner thereof
shall be incapable of selling the same, or if after diligent search and
inquiry the name and residence of any such owner cannot be ascertained,
it shall have the right to acquire title thereto by condemnation. Every
railroad corporation shall have the power from time to time to make and
use upon or in connection with any railroad either owned or operated by
it, such additions, betterments and facilities as may be necessary or
convenient for the better management, maintenance or operation of any
such railroad, and shall have the right by purchase or by condemnation,
to acquire any real property required therefor, and it shall also have
the right of condemnation in the following additional cases:

1. Where title to real property has been acquired, or attempted to be
acquired, and has been found to be invalid or defective.

2. Where its railroad shall be lawfully in possession of a lessee,
mortgagee, trustee or receiver, and additional real property shall be
required for the purpose of running or operating such railroad.

3. Where it shall require for any railroad owned or operated by it any
further rights to lands or the use of lands for additional main tracks
or for branches, sidings, switches, or turn-outs or for connections or
for cut-offs or for shortening or straightening or improving the line or
grade of its road or any part thereof. Also where it shall require any
further rights to lands or the use of lands for filling any structures
of its road, or for constructing, widening or completing any of its
embankments or roadbeds, by means of which greater safety or permanency
may be secured, and such land shall be contiguous to such railroad and
reasonably accessible.

4. Where it shall require any further right to lands or to the use of
lands for the flow of water occasioned by railroad embankments or
structures now in use, or hereafter rendered necessary, or for any other
purpose necessary for the operation of such railroad, or for any right
to take and convey water from any spring, pond, creek or river to such
railroad, for the uses and purposes thereof, together with the right to
build or lay aqueducts or pipes for the purpose of conveying such water,
and to take up, relay and repair the same, or for any right of way
required for carrying away or diverting any water, stream or floods from
such railroad for the purpose of protecting its road or for the purpose
of preventing any embankment, excavation or structure of such railroad
from injuring the property of any person who may be rendered liable to
injury thereby.

Waters commonly used for domestic, agricultural or manufacturing
purposes, shall not be taken by condemnation to such an extent as to
injuriously interfere with such use in future. No railroad corporation
shall have the right to acquire by condemnation any right or easement in
or to any real property owned or occupied by any other railroad
corporation, except the right to intersect or cross the tracks and lands
owned or held for right of way by such other corporation, without
appropriating or affecting any lands owned or held for depots or
gravel-beds.

Whenever any real property is required by any steam surface railroad
corporation, the lines of which within this state are situated wholly
within a city of over one million inhabitants, for the purposes
mentioned in this section, it shall be a condition precedent to the
bringing, or, if heretofore brought, to the continuing of condemnation
proceedings by any railroad corporation to acquire said real property
that it procure the consent of the commissioner to acquire such real
property, and unless such consent is given and procured the said
property shall not be condemned. The last preceding requirement shall
apply to all proceedings pending at the time this amendment takes
effect.