Illinois Code § 610 ILCS 115/1

That any company which has been or shall be
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incorporated under the general laws of this state, for the purpose of
constructing, maintaining or operating any horse, dummy or street railroad
or tramway, may enter upon and appropriate any property necessary for the
construction, maintenance and operation of its road, and all necessary
siding, side tracks and appurtenances, and may, subject to the provisions
contained in this act, locate and construct its road upon and over any
street, alley, road or highway, or across or over any waters in this state,
in such manner as not to unnecessarily obstruct the public use of such
street, alley, road or highway, or interrupt the navigation of such waters:
Provided, every such street railway may be operated by animal, cable,
electric or any other motive power that may have been or shall hereafter be
granted to it by the proper public officers or authorities, except steam
locomotive engines.

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