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[quote]QUOTE: Originally posted by Limitedclear Steamerfan- You have a somewhat distorted understanding of the law of eminent domain. Without getting too technical, let me give you a bit of an explanation. Eminent domain is the power of the government (not the railroad) to take propertry for public purposes. In the United States, this power of the government is regulated by the 5th and 14th Amendments to the U.S. Constitution which prohibit the taking of private property without just compensation and due process of law. [/quote] LC, you're somewhat right. but there was a federal law passed (don't have the year or number on hand) during that time frame that afforded railroads Eminant domain rights, this law was revoked later on, such that the railroads had to petition and recieve limited charters to aquire land. Railroads took great advantage of the Rights of Eminant domain afforded them to expand, in fact the Pacific Railway Act of 1862 actually included provisions for Eminent Domain to the railroads involved, of course there were restrictions on where they could evoke the Eminant domain, but they had a good wide and long area to play witin in completing the assigned projects. In the pacific act of 1863, there is an entire section (sec 3) totally focused on assiging and directing the railroads as to what their Specific Emineint Domain rights were. [quote]QUOTE: And be it further enacted, That the Union Pacific Railroad Company, and all other companies provided for in this act and the act to which this is an amendment, be, and hereby are, {Regulates the taking of private property for right of way.} empowered to enter upon, purchase, take, and bold any lands or premises that may be necessary and proper for the construction and working of said road, not exceeding in width one hundred feet on each side of its centre line, unless a greater width be required for the purpose of excavation or embankment; and also my lands or premises that may be necessary and proper for turnouts standing places for cars, depots, station house[s], or any other structures required in the construction and operating of said road. And each of said companies shall have the right to cut and remove trees and other materials that might by falling encumber its road-bed, though standing or being more than one hundred feet therefrom. And in case the owner or claimant of such lands or premises and such company cannot agree as to the damages, the amount shall be determined by the appraisal of three disinterested commissioners, who may be appointed upon application by any party to any judge of a court of record in any of the territories in which the lands or premises to be taken lie; and said commissioners, in their assessments of damages, shall appraise such premises at what would have been the value thereof if the road had not been built; and upon return into court of such ap praisement, and upon the payment to the clerk thereof of the amount so awarded by the commissioners for the use and benefit of the owner thereof, said premises shall be deemed to be taken by said company, which shall thereby acquire full title to the same for the purposes aforesaid. ...[/quote] That is one specific example of the Government giving railroads Limited Eminient Domain powers. before that there were others, you have to remember the great railroad Barons were very rich and very well connected to the Governement (many had relatives and very close friends as congressmen) and through these connections got many laws passed to allow them to build where they wanted when they wanted. Edit: I'm only stated how US rails operated, I'm not sure how other countries rails were governed.
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