ulation for the
public health and safety is not an unconstitutional taking of property
without due process of law.[231] Thus, where the applicable rule so
required at the time of the granting of its charter, a water company may
be compelled to furnish connections at its own expense to one residing
on an ungraded street in which it voluntarily laid its lines.[232]
However, if pipe and telephone lines are located on a right of way owned
by a pipe line company, the latter cannot, without a denial of due
process, be required to relocate such equipment at its own
expense;[233] but if its pipes are laid under city streets, a gas
company validly may be obligated to assume the cost of moving them to
accommodate a municipal drainage system.[234]
To require a turnpike company, as a condition of its taking tolls, to
keep its road in repair and to suspend collection thereof, conformably
to a State statute, until the road is put in good order, does not take
property without due process of law, notwithstanding the fact that
present patronage does not yield revenue sufficient to maintain the road
in proper condition.[235] Nor is a railroad bridge company
unconstitutionally deprived of its property when, in the absence of
proof that the addition will not yield a reasonable return, it is
ordered to widen its bridge by inclusion of a pathway for pedestrians
and a roadway for vehicles.[236]
Grade Crossings and Other Expenditures by Railroads.--When
railroads are required to repair a viaduct under which they
operate,[237] or to reconstruct a bridge or provide means for passing
water for drainage through their embankment,[238] or to sprinkle that
part of the street occupied by them,[239] their property is not taken
without due process of law. But if an underground cattle-pass is to be
constructed, not as a safety measure but as a means of sparing the
farmer the inconvenience attendant upon the use of an existing and
adequate grade crossing, collection of any part of the cost thereof from
a railroad is a prohibited taking for private use.[240] As to grade
crossing elimination, the rule is well established that the State may
exact from railroads the whole, or such part, of the cost thereof as it
deems appropriate, even though commercial highway users, who make no
contribution whatsoever, benefit from such improvements. But, the power
of the State in this respect is not unlimited. If its imposition is
"arbitrary" and "unreasonable" it may
|