Title 46, Chapter 8, Section 81
( 46-8-81)
(a) Any railroad company incorporated under this chapter shall have
authority to sell, lease, assign, or transfer its stock, property,
and franchises to, or to consolidate the same with those of, any
other railroad company which is incorporated under the laws of this
or any other state or of the United States and whose railroad within
this state connects with or forms a continuous line with the
railroad of the company incorporated under this chapter, upon such
terms as may be agreed upon. Conversely, any such corporation
organized under this chapter may purchase, lease, consolidate with,
absorb, and merge into itself the stock, property, and franchises of
any other railroad company incorporated under the laws of this or
any other state or the United States whose railroad within this
state connects with or forms a continuous line or system with the
railroad of such company incorporated under this chapter upon such
terms as may be agreed upon. (b) Any railroad corporation formed by the consolidation of one or
more railroad corporations, organized under the laws of this state
or under the laws of this state and any other states, with one or
more corporations, organized under the laws of any other state or
under the laws of this and of other states, may issue stocks and
bonds as provided for in this chapter in such amounts as it may deem
necessary for the purpose of paying, or exchanging the same for, or
retiring, any bonds or stocks theretofore issued by either of the
corporations so merged, purchased, or consolidated, or for any other
purpose. Such stocks and bonds may be issued to the amount
authorized by the laws of the state under which either of the
corporations so consolidated was organized. Any bonds issued by the
corporation may be secured by mortgage or trust deeds upon its real
or personal property, franchises, rights, and privileges, whether
within or without this state. (c) No railroad company shall make any contract under this Code
section with any other railroad company which is a competing line if
such contract is calculated to defeat or lessen competition in this
state or to encourage monopoly. |