Idaho Constitution Article XI - Corporations, Public and Private
Here is a summary of Article XI – Corporations, Public and Private of the Idaho Constitution:
Idaho Constitution – Article XI: Corporations, Public and Private
This article governs the formation, regulation, and limitations on corporations (both public and private) in Idaho.
Key Sections and Themes:
Creation of Corporations (Section 1):
Corporations must be formed under general laws; the legislature cannot create corporations by special act, except for municipal purposes.
Charter Provisions (Section 2):
All corporate charters are subject to alteration or repeal by the legislature.
Liability of Stockholders (Section 3):
Stockholders are liable for corporate debts up to the amount unpaid on their stock.
Public Corporations and Municipalities (Section 4):
Cities and towns may be incorporated only under general laws.
The legislature must establish a uniform system of municipal government.
Railroads as Common Carriers (Section 5):
Railroads are declared public highways, and railroad companies are common carriers.
The state retains the right to regulate freight and passenger rates.
Discrimination Prohibited (Section 6):
Railroads and other carriers must provide equal service to all customers.
Discrimination in rates or services is prohibited.
Consolidation of Railroads (Section 7):
Consolidation or control between competing railroads is prohibited within the state.
Eminent Domain (Section 8):
The state has the power to regulate and exercise eminent domain over corporations operating in the public interest.
Purpose of Article XI:
To limit corporate power, ensure public accountability, and establish state authority over industries (especially railroads) that affect the public interest.
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