Corporations formed for the purpose of constructing, operating or maintaining railroads, street railroads, gas or electric works, water companies, power companies, canals, terminals, bridges, viaducts, wharves, piers, telegraph or telephone lines, pipelines or any other work of internal improvement or public utility may exercise the power of eminent domain in the manner provided by law.

Whenever all the capital stock of a railroad corporation formed under this title is owned by a railroad corporation chartered under the laws of this state or another state, such corporation may sell and convey to the corporation owning its stock all its franchises, rights, roadbed and property; but the purchasing company, if a foreign corporation, shall keep an office in this state and an agent thereat, service of process upon such agent shall be service upon the purchasing company, the railroad so purchased shall be in all respects subject to the laws of this state as if owned by a domestic corporation, and all liens and rights of creditors shall be preserved unimpaired.

(a) Any railroad corporation and any mining, manufacturing or quarrying corporation may, at any time, by means of subscription to the capital stock of any other corporation or company or otherwise, aid such corporation or company in the construction of its railroad for the purpose of forming a connection with the railroad or the principal place of business or works of the corporation furnishing the aid.

(b) Any corporation may purchase at judicial sale, or otherwise hold and use or lease any part or all of the railroad constructed by another corporation or company, together with its franchises, rights and property, or may acquire, hold and use all or any part of the capital stock of another corporation chartered under the laws of this state or any other state, if the railroad or railroads so purchased connect with, or will, when completed, connect with the railroad works, factory or plant of the purchasing or leasing corporation, either directly or by means of an intervening line; or any two or more such companies whose lines are or will be so connected may enter into any arrangement for their common benefit, consistent with and calculated to promote the objects for which they were created.

(c) No such aid shall be furnished nor any such purchase, lease or arrangement perfected as mentioned in this section until a meeting of the stockholders of each of such corporations has been called by the directors thereof, at such time and place and in such manner as they shall designate, and the holders of the larger amount in value of the stock of each of such corporations represented, by voting at such meeting in person or by proxy, shall have assented thereto and copies of the proceedings of such meetings certified by the president, or other managing head of such corporations, under the corporate seal shall be filed in the office of the Secretary of State.

Railroads, mining, manufacturing and quarrying companies may purchase, lease or acquire in any other manner, hold and operate a railroad or railroads or canals without this state for the purpose of making extensions or connections, and within this state may extend their roads or may construct and operate branch roads from any point or points on their lines and may also construct and operate second tracks, roads or branch roads connecting any two points on their lines. Such purchase must be made by resolution of the board of directors, which must be submitted to a meeting of the stockholders, called for the purpose of its consideration; at such meeting such resolution must be approved by the vote of holders of the larger amount in value of the stock, and if such resolution is so approved, a copy thereof and of the proceedings of the meeting of the stockholders, certified by the president and the secretary under the corporate seal, must be filed and recorded in the office of the Secretary of State. Such extension or construction of such branch and second tracks or roads must be made by resolution of the board of directors, to be entered in the record of the proceedings of the corporation, designating the point from which and the point to which such extension or such second tracks or roads, or branch roads are to be constructed. A copy of such resolution, certified by the president and secretary under the corporate seal, must be filed in the office of the Secretary of State; and thereafter, for the purpose of making such extension or building such branch and second tracks or roads, such corporation shall have all the rights, powers and immunities which are now or may hereafter, by the laws of this state, be granted to and vested in railroad corporations under and by virtue of the general corporation laws of this state.

Mining, manufacturing and quarrying corporations may construct and operate to, and from, their mines, furnaces, mills, factories, quarries or other works, railways, tramways, canals, tunnels, underground passages or roads whereby connections may be made to, and from, their principal places of business, mines, furnaces, mills, quarries or other works and any public highways, turnpike, macadamized, plank or other graded road, railroad or navigable waters, or to or with their mines, ore beds, coking or cooling grounds, timberlands, canals, or aqueducts to or from their mills, factories, furnaces, quarries, other works or any water or watercourses, and may transport as common carriers freight and passengers on any railroad, other roads, canals or aqueducts constructed or purchased by them, taking reasonable compensation therefor.

Street railway, gas, electric and water companies and all other corporations except railroads formed for the purpose of constructing, operating or maintaining any works of internal improvement or public utility in any county or municipal corporation may contract with the authorities of such county or municipal corporation in reference to the use of the streets, public roads and other public places therein the manner of constructing and operating their lines or works, the public service they are to render and the compensation they are to receive for the carriage of persons and property, for water, gas, electric light and power or for any other commodity to be supplied or service rendered to such county or municipal corporation and the inhabitants thereof, which contract may be altered by mutual consent; but nothing in this section shall prevent any cities or towns from regulating, from time to time, the use of the streets and public places or requiring a change in the construction of the lines and works of such corporations, if necessary, whenever the public good or convenience requires.

Any railroad is hereby authorized to transfer all rights, title, and interests to any abandoned right-of-way or portion thereof for public road and bridge use to the State Department of Transportation or for any purpose to any county commission in any county or any municipality in which said right-of-way or portion thereof is located.

Railroad companies may, by condemnation, acquire real estate for ways and rights-of-way not exceeding 100 feet in width throughout the entire length of its lines, such other lands as may be necessary for ways and rights-of-way for switches, turnouts, sidetracks, extensions and branch roads not exceeding 100 feet in width throughout the entire length of such switches, turnouts, sidetracks, extensions and branch roads and such other lands as may be necessary in making heavy excavations or embankments or for the purpose of wasting material from excavations, for borrowing earth or other material for the construction of embankments or for protecting, making, keeping safe and perfecting its roadway, together with the rights to remove all such trees outside thereof as might by falling upon, or shading, the roadway, injure the same, and may relocate any portion of its line for purpose of straightening or otherwise improving the same and, for that purpose, may acquire by gift, purchase or condemnation all necessary rights-of-way over lands and abandon its original or constructed line, but it shall not change its termini or make an entire departure from its original line between such termini.

(a) Every mining, manufacturing, industrial, power and quarrying corporation or company may acquire by condemnation rights-of-way or easements over or across the lands or easements of others for ways and rights-of-way on or under which it may erect or construct and operate railways, tramways, pipelines, transmission lines, cables, ways, roads and underground passages not exceeding 100 feet in width for the purpose of connecting any part of its lands, works, plants, mines, lines or system with any other part thereof, with any public road, railroad, navigable water, with the mines, lands, works, plants, lines or system of any other such company, corporation or owner or with any shipping, storage, delivery, receiving or distributing point and for the purpose of transporting or transmitting any materials, equipment or products used by or mined, manufactured, produced, acquired, received, sold, delivered or distributed, or subject to contract for distribution by such corporation or company, and to cut and fell trees on or so near such right-of-way as might, by falling or otherwise, injure or endanger any of the works, lines, machinery, plant or equipment placed thereon.

(b) Such company may acquire by condemnation lands on the bank of or adjoining any navigable waters not exceeding in area 10 acres on which it may erect or construct, maintain and operate power plants, private or public warehouses, depots, storage plants, tipples, loading and unloading places, hoist and hoist houses, wharves, piers and landings to be used in connection with its operations or otherwise, and only a reasonable toll or charge, to be approved by the Public Service Commission of Alabama, shall be made for public use thereof.

(c) The right to condemn given in this section shall not include the right to condemn any private residence, nor the outhouses, garden or orchard within the curtilage of any private residence.

(d) The acquisition of rights-of-way for mining, manufacturing, industrial power and quarrying purposes as provided in this section is hereby declared to be a public use and necessary to the development of the state. No proceeding for condemnation of rights-of-way for transmission lines, cables or pipelines authorized in this section shall be instituted until the Alabama Public Service Commission shall have issued a certificate on application, after such public notice not exceeding 30 days as such commission shall prescribe, to the effect that in the opinion of the commission the proposed use would be in furtherance of industrial development by such company or corporation or its privies in this state, the duty and authority being hereby conferred on the said commission to hear and set up such application.

(e) Every corporation acquiring a right-of-way by purchase or condemnation for any purpose contemplated in this section shall have the right, where necessary, to cross public roads and lands, and all navigable rivers and streams where necessary for any such use, subject to such reasonable conditions as to the exercise of the right as may be prescribed by any public authority having jurisdiction over same; provided further, that nothing contained in this section shall be held or construed as relieving or exempting any person, firm or corporation, in fact, engaging in or operating his, their or its business as a public utility and otherwise subject to regulation by laws now existing or hereafter enacted, from full subjection to and compliance with all such laws or from liability for any fees, licenses or taxes payable in respect of such utility business.

Street railroad companies, telegraph, telephone, water, gas, electric, power, canal, pipeline companies and all other companies formed for constructing, operating or maintaining any work of internal improvement or public utility may acquire by condemnation for a right-of-way for their railways, lines, tunnels, canals, dams, pipelines, excavations or works, lands for ways and rights-of-way not exceeding 100 feet in width throughout the entire length of such railways, lines, tunnels, canals, dams, pipelines, excavations or works, together with the right to cut down such trees as might, by falling, injure the same, together with the necessary lands, other than lands for ways and rights-of-way, for the construction or installation of facilities, apparatus or equipment necessary for the operation of such railways, lines, tunnels, canals, dams, pipelines, excavations or works.

Unless otherwise provided by law, no street railroad company or any other corporation, except railroad companies, pipeline companies and public works companies shall, without the consent of the owner, construct any railway, tramway, canal, tunnel, underground passage, telegraph or telephone line, aqueduct, pipeline or any other line or works through any yard or curtilage of a dwelling house, garden, stable lot or barn.

(a) Corporations authorized to construct and operate waterworks for the supplying of municipalities and their inhabitants, or others living or doing business in the vicinity of them, with water shall have the power, in order to obtain a supply of water for their storage ponds, reservoirs, pipes and canals, to take over and use, after condemning the same, water of any river, stream, spring or other water source which may be necessary for them to use for such purpose. They may also acquire by condemnation riparian rights and all such lands adjacent to such streams or water sources as shall be necessary to protect and preserve the purity of such supply; and they shall also have the power to condemn rights-of-way and sites of any necessary area for pipelines, ditches, canals, dams, storage ponds, reservoirs and other necessary purposes for the operation of their waterworks and the collection and distribution of the water supply. For this purpose, said companies may institute ad quod damnum proceedings against the riparian landowners or owner along such river or stream or of other sources, or the owner of any lands, wherever located, desired to be used for any of the purposes above mentioned, in the probate court of the county in which the land on or over which the easements sought to be condemned are situated in accordance with the general laws of this state providing for the condemnation of lands for public purposes.

(b) The power of condemnation given in this section shall include the right to condemn, wherever necessary for any of the purposes hereinbefore mentioned, any yard or curtilage of a dwelling house, garden, stable, lot or barn, or so much thereof as may be necessary.

(c) Whenever the ownership of the mineral interest in lands has been severed from the ownership of the surface and the mining of the minerals would endanger any proposed canal, storage pond or reservoir, said water companies may institute ad quod damnum proceedings against the owner, or owners, of the minerals situated under the proposed canals, reservoir or storage ponds in the probate court of the county in which the lands are situated in accordance with the general laws of the state, condemning said mineral interests or so much thereof as may be required for the support of the surface where said canal, reservoir or storage pond is to be located.

(d) In proceedings to condemn under this section, any number of, or all, the riparian proprietors or other owners along said river, stream or other water source in the same county may be joined in one proceeding or be proceeded against separately.

(e) No right-of-way shall be granted over the streets, avenues, alleys or public grounds of any municipal corporation without first obtaining the consent of the municipal authorities thereto.

(f) No corporation shall have the right to condemn the water of any stream, spring or other water source which is the property of another water company supplying with water a municipal corporation or the inhabitants thereof.

Railroads or railroad companies operating in this state may acquire by condemnation proceedings, in the mode prescribed by law, lands for depots, freight yards and team tracks; but no condemnation proceeding shall be begun for either of said purposes until an application for permission to bring such condemnation proceeding has first been submitted to, and the same approved by, the Public Service Commission of Alabama. Should such lands not be used for the purposes of such condemnation within one year from the date of their condemnation or should such lands be abandoned for the use condemned or be used for purposes not authorized by such condemnation, the same shall revert to the owner or owners or his or their heirs.

Railroads, street railroads, mining, manufacturing, power, quarrying, telegraph, telephone, pipeline and other corporations having rights and powers to condemn:

(1) May cause such examinations and surveys for their proposed railroads, pipelines, lines, facilities, apparatus or equipment as may be necessary to the selection of the most advantageous routes and sites; and for such purpose, may, by their officers, agents and servants, enter upon the lands and waters of any person, subject to liability for all damages done thereto;

(2) May, in the construction of their lines or sites, cross navigable streams, but must not impede the navigation thereof;

(3) May use, cross, or change public roads, when necessary, in the construction of their railways, switches, branches, lines, pipelines, facilities, apparatus, equipment or buildings, but must place the public road so crossed, used or changed in condition satisfactory to the county authorities having the control thereof and, where practicable, the railroads must go over, or under, the public roadway or railroad track; and

(4) May cross or intersect with any other railroad or street railway and, if such crossing or intersection cannot be made by contract or agreement, may acquire the rights thereto by condemnation in the mode provided by law.

Railroad companies and mining, manufacturing and quarrying companies may contract, purchase or otherwise acquire, own, operate and maintain steamboats, barges, ships and other vessels for transportation of freight and passengers on the navigable waters of this state, any other state or foreign country and on the seas. Railroad companies may purchase or otherwise acquire, own, maintain and operate motor vehicles for the transportation of persons or property, or both, upon the highways of this state; they may purchase or otherwise acquire, own, maintain and operate airplanes for the transportation of persons or property, or both, in the air; they may purchase, lease or otherwise acquire and own the property, rights and franchises of any individual, firm, partnership or other association of persons, or corporation, engaged in the transportation of persons or property, or both, by motor vehicle on the highways or by airplanes in the air, and they may subscribe to, acquire and own the capital stock of any such corporation and may enter into any agreement or arrangement, not inconsistent with law, with any individual, firm, partnership or other association of persons, or corporation, engaged in, or authorized to engage in, any of said methods of transportation; provided, however, that any railroad companies exercising in this state the powers granted in this section shall, in their operation of motor vehicles, be subject to all the laws of this state applicable to or authorizing, regulating and governing such motor carriers and their business or prescribing the condition under which operators of motor vehicles may operate such vehicles on the highways of this state. All railroad companies organized under the laws of other states, but authorized to do business in this state, may exercise in this state the powers hereinabove granted, subject, however, to the limitations hereinabove set forth; provided, that before operating any such motor vehicles upon the highways of this state, such railroad companies must procure a certificate of convenience and necessity covering such operations.