Section 237. Abandonment of portion of route by elevated railroad  


Latest version.
  • Any
      company operating an elevated railroad or railroads in any city of  this
      state for the transportation of passengers, mails or freight, and which,
      prior to the twenty-ninth day of April, eighteen hundred and ninety-one,
      shall  have  built and operated six-tenths of its route as set forth and
      embodied in its articles of incorporation, may declare relinquished  and
      abandoned  any  portion  of  its said route, which it may deem no longer
      necessary for the successful operation of its road and  the  convenience
      of  the  public.  Such  declaration  of abandonment to be valid shall be
      adopted by the board of directors, under the seal of such  company,  and
      shall  be  submitted to the stockholders thereof at a meeting called for
      the purpose of taking the same into consideration.  Due  notice  of  the
      time  and  place  of holding said meeting and stating the object thereof
      shall be given by the company to its stockholders by written or  printed
      notices addressed to each of the persons in whose name the capital stock
      of  the  company  stands  on  the  books thereof, at the address of such
      persons as stated on the books, or as known  to  the  secretary  of  the
      company,  and  delivered  or  mailed  to  such  persons,  or  the  legal
      representatives of such persons,  respectively,  at  least  thirty  days
      before  the  time  of holding the meeting of such company, and also by a
      general notice published daily for at least four weeks in some newspaper
      last designated for the publication of the session laws or  of  judicial
      proceedings  and  legal  notices  in  the county where the route of such
      company is  located;  and  at  the  said  meeting  of  stockholders  the
      declaration  of  the  said  directors  shall be considered and a vote by
      ballot taken for the adoption or  rejection  of  the  same,  each  share
      entitling the holder thereof to one vote, and said ballots shall be cast
      in  person  or  by  proxy,  and  if  two-thirds  of all the votes of the
      stockholders cast in person or by proxy at said meeting shall be for the
      adoption of said declaration of abandonment, then  that  fact  shall  be
      certified  thereon  by  the  secretary  of  the  company  under the seal
      thereof, and the declaration so adopted shall be submitted for  approval
      to  the  commissioner  of  transportation,  and if approved by him, such
      approval  shall  be  indorsed  thereon,  and  the  said  declaration  so
      certified  and indorsed shall be filed and recorded in the office of the
      secretary of state, and from the time of such  filing  such  portion  of
      said  route  designated  in  such  declaration  of such company shall be
      deemed to be abandoned. A copy of such declaration of abandonment,  duly
      certified  by  the  secretary of state under his official seal, shall be
      presumptive evidence in all courts and places  of  the  facts  which  it
      recites,  and  of  the  regularity  of the proceedings resulting in such
      abandonment.