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0 chapters · 201 sections in this title.
N.Y. Railroad Law § 1 Short title
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§ 1. Short title. This chapter shall be known as the "Railroad Law."
N.Y. Railroad Law § 100 Temporary leave granted by court to a street surface railroad; bond
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§ 100. Temporary leave granted by court to a street surface railroad; bond. Whenever the railroad or route of any street surface railroad corporation shall intersect and cross, or shall cross the tracks and roadbed of any railroad, operated by locomotive, steam or other power, w…
N.Y. Railroad Law § 101 Consent of commissioner of transportation in certain cases
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§ 101. Consent of commissioner of transportation in certain cases. No street surface railroad shall be allowed to lay its tracks at grade across the tracks or roadbed of any railroad operated by locomotive steam power at any point where there are three or more tracks of the stea…
N.Y. Railroad Law § 102 Ventilation of tunnels
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§ 102. Ventilation of tunnels. The commissioner of transportation is hereby authorized, empowered and given full and complete authority to require and compel all tunnels used or to be used by railroads operated by any form of power in this state to be properly ventilated, in suc…
N.Y. Railroad Law § 103 Lighting of tunnels
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§ 103. Lighting of tunnels. The commissioner of transportation is also hereby authorized, empowered and given full and complete authority to require and compel all tunnels used or to be used by railroads operated by any form of power in this state, to be properly lighted by elec…
N.Y. Railroad Law § 104 Compliance with orders of commissioner of transportation
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§ 104. Compliance with orders of commissioner of transportation. Whenever the commissioner of transportation shall cause to be personally served upon any railroad corporation controlling any tunnel or part of a tunnel in this state for the purpose of operating a railroad or movi…
N.Y. Railroad Law § 105 Enforcement
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§ 105. Enforcement. After the expiration of thirty days from the service of said order or notice specified in the preceding section, as therein directed, if said corporation shall not have fully complied with said notice or order, the commissioner of transportation may commence …
N.Y. Railroad Law § 106 Penalty for violation
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§ 106. Penalty for violation. Every corporation violating any of the provisions of the preceding four sections shall be guilty of a misdemeanor and may be indicted therefor, and may be compelled to appear and plead to an indictment therefor in the person of its president, secret…
N.Y. Railroad Law § 107 Judgment-roll
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§ 107. Judgment-roll. It shall be the duty of the district attorney prosecuting any corporation for a violation of any of the provisions of sections one hundred and three, one hundred and four and one hundred and five, that shall be convicted thereof and sentenced to pay a fine …
N.Y. Railroad Law § 108 Approval of appliances in cities having a population of one million inhabitants or over
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§ 108. Approval of appliances in cities having a population of one million inhabitants or over. In cities in this state having a population of one million inhabitants or over, where tunnels are or may hereafter be operated or controlled by any railroad corporation, such portions…
N.Y. Railroad Law § 140 Consolidation or merger of corporations owning or leasing continuous lines; abandonment of parallel lines; merger of subsidiary corporations
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§ 140. Consolidation or merger of corporations owning or leasing continuous lines; abandonment of parallel lines; merger of subsidiary corporations. 1. Any railroad or other corporation, organized under the laws of this state, or of this state and any other state or states, and …
N.Y. Railroad Law § 141 Mergers and consolidations of certain railroad corporations
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§ 141. Mergers and consolidations of certain railroad corporations. With the consent and approval of the commissioner of transportation pursuant to section one hundred eighty-eight of the transportation law, a railroad corporation all of whose outstanding shares of each class ar…
N.Y. Railroad Law § 144 Assessment of property of new or surviving corporation
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§ 144. Assessment of property of new or surviving corporation. The real estate of such new or surviving corporation, situate within this state, shall be assessed and taxed in the several towns and cities where the same shall be situated in like manner as the real estate of other…
N.Y. Railroad Law § 145 Stocks of municipal corporations, how represented
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§ 145. Stocks of municipal corporations, how represented. At any meeting of the stockholders of any railroad corporation to consider any agreement or proposition of consolidation, merger, lease or conveyance, or other matter, the commissioners or other officers of any municipal …
N.Y. Railroad Law § 146 Foreclosure of mortgages made by consolidated railroads partly in the state
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§ 146. Foreclosure of mortgages made by consolidated railroads partly in the state. Whenever a railroad corporation of this or of any other state or states whose line of road lies partly in this state and partly in another state or states, shall have executed a mortgage upon its…
N.Y. Railroad Law § 147 Powers of corporations organized to acquire and operate railroads partly in the state
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§ 147. Powers of corporations organized to acquire and operate railroads partly in the state. A railroad corporation created under the laws of the state or states in which the greater part of the line of its railroad may be situated, or a railroad corporation heretofore or herea…
N.Y. Railroad Law § 148 Lease and conveyance of road
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§ 148. Lease and conveyance of road. A railroad corporation may not contract, by way of lease, agreement to convey or otherwise, with any other such corporation for the use of their respective roads or routes, or any part thereof, situated within this state, without the permissi…
N.Y. Railroad Law § 151 Mortgagee may purchase at foreclosure sale
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§ 151. Mortgagee may purchase at foreclosure sale. Any mortgagee of the property and franchises of any railroad corporation may become the purchaser of the same at any sale thereof under the mortgage, upon foreclosure by advertisement, or under a judgment, or decree, or otherwis…
N.Y. Railroad Law § 16 Location of route
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§ 16. Location of route. Every railroad corporation, except a street surface railroad corporation and an elevated railroad corporation, before constructing any part of its road in any county of this state, or instituting any proceedings for the condemnation of real property ther…
N.Y. Railroad Law § 162 Acquisition and maintenance of railroad built, owned or operated by a corporation not organized under this chapter
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§ 162. Acquisition and maintenance of railroad built, owned or operated by a corporation not organized under this chapter. No railroad corporation organized under subdivision three of section five of this chapter shall acquire, purchase or lease or maintain and operate a railroa…
N.Y. Railroad Law § 17 Acquisition of title to real property; additions, betterments and facilities
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§ 17. Acquisition of title to real property; additions, betterments and facilities. All real property required by any railroad corporation for the construction, maintenance and accommodation of its railroad shall be deemed to be required for a public use, and may be acquired by …
N.Y. Railroad Law § 170 Street surface railroads; general provisions
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§ 170. Street surface railroads; general provisions. The provisions of this article shall apply to every corporation which, under the provisions thereof, or of any other law, has constructed or shall construct or operate, or has been or shall be organized to construct or operate…
N.Y. Railroad Law § 171 Consent of property owners and local authorities
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§ 171. Consent of property owners and local authorities. A street surface railroad, or extensions or branches thereof, shall not be built, extended or operated unless the consent in writing acknowledged or proved as are deeds entitled to be recorded, of the owners in cities and …
N.Y. Railroad Law § 172 Consent of local authorities; how procured
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§ 172. Consent of local authorities; how procured. The application for the consent of the local authorities shall be in writing and before acting thereon such authorities shall give public notice thereof and of the time and place when it will first be considered, which notice sh…
N.Y. Railroad Law § 173 Condition upon which consent shall be given; sale of franchise at public auction
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§ 173. Condition upon which consent shall be given; sale of franchise at public auction. The consent of the local authorities in any city having a population of three hundred thousand or more must contain the condition that the right, franchise and privilege of using any street,…
N.Y. Railroad Law § 173-A The term "terminable permit" as used in this article shall mean and embrace every grant from a city, town or village of power, right or p...
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§ 173-a. The term "terminable permit" as used in this article shall mean and embrace every grant from a city, town or village of power, right or privilege to occupy or use any of the streets, roads, highways, avenues, parks or public places of such city, town or village for the …
N.Y. Railroad Law § 173-B Every city, town and village of this state, in addition to such powers as it may have relating to the granting of rights, privileges, fra...
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§ 173-b. Every city, town and village of this state, in addition to such powers as it may have relating to the granting of rights, privileges, franchises, powers or consents to use the streets, roads, highways, avenues, parks or public places for the construction and operation o…
N.Y. Railroad Law § 173-C Every city, town and village of this state shall have power, subject to the provisions of sections one hundred and seventy-three-a to one...
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§ 173-c. Every city, town and village of this state shall have power, subject to the provisions of sections one hundred and seventy-three-a to one hundred and seventy-three-h, both inclusive, of this article, to enter into an agreement for the purchase of and to acquire by purch…
N.Y. Railroad Law § 173-D Whenever any street surface railroad is or may be operated along or upon any of the streets, roads, highways, avenues, parks or public pl...
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§ 173-d. Whenever any street surface railroad is or may be operated along or upon any of the streets, roads, highways, avenues, parks or public places of any city, town or village, as to the construction and operation of which railroad the conditions set forth in section one hun…
N.Y. Railroad Law § 173-E The acceptance of a terminable permit, or the acceptance of an amendment to any existing license, grant, franchise, permit or consent inc...
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§ 173-e. The acceptance of a terminable permit, or the acceptance of an amendment to any existing license, grant, franchise, permit or consent incorporating therein the terms of a terminable permit, shall constitute a consent by the street surface railroad corporation or corpora…
N.Y. Railroad Law § 173-F Every terminable permit, and every amendment to any existing license, grant, franchise, permit or consent incorporating therein the terms...
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§ 173-f. Every terminable permit, and every amendment to any existing license, grant, franchise, permit or consent incorporating therein the terms of a terminable permit, shall contain an irrevocable option for the purchase by the city, town or village, either directly or throug…
N.Y. Railroad Law § 173-G Approval of permit or amendment by commissioner of transportation
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§ 173-g. Approval of permit or amendment by commissioner of transportation. No terminable permit and no amendment to any existing license, grant, franchise, permit or consent incorporating therein the provisions of a terminable permit, shall become operative or effective until i…
N.Y. Railroad Law § 173-H Existing license, grant, franchise, permit or consent reinstated on invalidity of amendment
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§ 173-h. Existing license, grant, franchise, permit or consent reinstated on invalidity of amendment. In the event that an amendment to any existing license, grant, franchise, permit or consent shall subsequently be declared invalid for any reason, or in the event of the failure…
N.Y. Railroad Law § 174 Proceedings if property owners do not consent
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§ 174. Proceedings if property owners do not consent. If the consent of property owners required by any provision of this article can not be obtained, the corporation failing to obtain such consents may apply to the appellate division of the supreme court held in the department …
N.Y. Railroad Law § 175 Percentage of gross receipts to be paid in cities or villages; report of officers
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§ 175. Percentage of gross receipts to be paid in cities or villages; report of officers. Every corporation building or operating a railroad or branch or extension thereof, under the provisions of this article, or of chapter two hundred and fifty-two of the laws of eighteen hund…
N.Y. Railroad Law § 176 Extension of route over rivers; terminus in other counties; when property owners withhold consent; supreme court may appoint commissioners
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§ 176. Extension of route over rivers; terminus in other counties; when property owners withhold consent; supreme court may appoint commissioners. Any street railroad in operation in this state, which shall, by a two-thirds vote of its directors, decide to extend the route of it…
N.Y. Railroad Law § 177 Use of tracks of other roads
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§ 177. Use of tracks of other roads. Any railroad corporation in this state, whose cars are run and operated by horses or other motive power, authorized by this article, upon the surface of the street, excepting in the county of New York, may, for the purpose of enabling it to c…
N.Y. Railroad Law § 178 Repair of streets; rate of speed; removal of ice and snow
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§ 178. Repair of streets; rate of speed; removal of ice and snow. Every street surface railroad corporation, so long as it shall continue to use or maintain any of its tracks in any street, avenue or public place in any city or village, shall have and keep in permanent repair th…
N.Y. Railroad Law § 178-A Headlights
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§ 178-a. Headlights. Whenever the tracks of any street surface railway shall be laid upon the side of the roadway of any public highway or street, the headlights of such street surface railway shall be so arranged, adjusted and operated that no dazzling or dangerous beams of lig…
N.Y. Railroad Law § 179 Within what time road to be built
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§ 179. Within what time road to be built. In case any street surface railroad corporation shall not commence the construction of its road, or of any extension or branch thereof, within one year after the consent of the local authorities and property owners or the determination o…
N.Y. Railroad Law § 18 Railroads through public lands
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§ 18. Railroads through public lands. The commissioner of general services may grant to any domestic or foreign railroad corporation land belonging to the people of the state, except the reservation at Niagara and the Concourse lands on Coney Island, which may be required for th…
N.Y. Railroad Law § 180 Motive power
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§ 180. Motive power. Any street surface railroad may operate any portion of its road by cable, electricity, or any power other than locomotive steam power, which said locomotive steam power is primarily generated by the locomotive propelling the cars, and in the use of which eit…
N.Y. Railroad Law § 181 Rate of fare
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§ 181. Rate of fare. No corporation constructing and operating a railroad under the provisions of this article, or of chapter two hundred and fifty-two of the laws of eighteen hundred and eighty-four, shall charge any passenger more than five cents for one continuous ride from a…
N.Y. Railroad Law § 182 Collection of fare
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§ 182. Collection of fare. It shall be unlawful for any corporation, or an employee thereof, operating a street surface railroad, or a branch thereof, on which the motive power is electricity, which road or branch is operated wholly or in part in a city having at least one milli…
N.Y. Railroad Law § 183 Construction of road in street where other road is built
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§ 183. Construction of road in street where other road is built. No street surface railroad corporation shall construct, extend or operate its road or tracks in that portion of any street, avenue, road or highway, in which a street surface railroad is or shall be lawfully constr…
N.Y. Railroad Law § 184 Abandonment of part of route
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§ 184. Abandonment of part of route. Any street surface railroad corporation may declare any portion of its route which it may deem no longer necessary for the successful operation of its road and convenience of the public to be relinquished or abandoned. Such declaration of aba…
N.Y. Railroad Law § 185 Effect of dissolution of charter as to consents
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§ 185. Effect of dissolution of charter as to consents. Whenever any street surface railroad corporation shall have been dissolved or annulled, or its charter repealed by an act of the legislature, the consent of owners of property bounded on, and the consent of the local author…
N.Y. Railroad Law § 186 Corporate rights saved in case of failure to complete road; right to operate branches; conditions; former consents ratified; limitations
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§ 186. Corporate rights saved in case of failure to complete road; right to operate branches; conditions; former consents ratified; limitations. The corporate existence and powers of every street surface railroad corporation, which has completed a railroad upon a substantial por…
N.Y. Railroad Law § 187 Extensions and franchises confirmed
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§ 187. Extensions and franchises confirmed. Any street surface railroad corporation which had prior to the tenth day of May, eighteen hundred and ninety-three, constructed and was on that date operating any extension or branch of its railroad along any streets or highways or por…
N.Y. Railroad Law § 188 Certain consents of local authorities confirmed
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§ 188. Certain consents of local authorities confirmed. All consents given since December first, eighteen hundred and ninety-five, and prior to February first, eighteen hundred and ninety-six, by the local authorities of any city having a population of fifty thousand or more, to…