Title RRD, Railroad

§ 1. Short title. This chapter shall be known as the "Railroad Law."\n

§ 100. Temporary leave granted by court to a street surface railroad;\nbond. Whenever the railroad or route of any street surface railroad\ncorporation shall intersect and cross, or shall cross the tracks and\nroadbed of any railroad, operated by locomotive, steam or other power…

§ 101. Consent of commissioner of transportation in certain cases. No\nstreet surface railroad shall be allowed to lay its tracks at grade\nacross the tracks or roadbed of any railroad operated by locomotive\nsteam power at any point where there are three or more tracks of the\n…

§ 102. Ventilation of tunnels. The commissioner of transportation is\nhereby authorized, empowered and given full and complete authority to\nrequire and compel all tunnels used or to be used by railroads operated\nby any form of power in this state to be properly ventilated, in …

§ 103. Lighting of tunnels. The commissioner of transportation is also\nhereby authorized, empowered and given full and complete authority to\nrequire and compel all tunnels used or to be used by railroads operated\nby any form of power in this state, to be properly lighted by\n…

§ 104. Compliance with orders of commissioner of transportation.\nWhenever the commissioner of transportation shall cause to be personally\nserved upon any railroad corporation controlling any tunnel or part of a\ntunnel in this state for the purpose of operating a railroad or m…

§ 105. Enforcement. After the expiration of thirty days from the\nservice of said order or notice specified in the preceding section, as\ntherein directed, if said corporation shall not have fully complied with\nsaid notice or order, the commissioner of transportation may commen…

§ 106. Penalty for violation. Every corporation violating any of the\nprovisions of the preceding four sections shall be guilty of a\nmisdemeanor and may be indicted therefor, and may be compelled to appear\nand plead to an indictment therefor in the person of its president,\nse…

§ 107. Judgment-roll. It shall be the duty of the district attorney\nprosecuting any corporation for a violation of any of the provisions of\nsections one hundred and three, one hundred and four and one hundred and\nfive, that shall be convicted thereof and sentenced to pay a fi…

§ 108. Approval of appliances in cities having a population of one\nmillion inhabitants or over. In cities in this state having a population\nof one million inhabitants or over, where tunnels are or may hereafter\nbe operated or controlled by any railroad corporation, such porti…

§ 140. Consolidation or merger of corporations owning or leasing\ncontinuous lines; abandonment of parallel lines; merger of subsidiary\ncorporations. 1. Any railroad or other corporation, organized under the\nlaws of this state, or of this state and any other state or states, a…

§ 141. Mergers and consolidations of certain railroad corporations.\nWith the consent and approval of the commissioner of transportation\npursuant to section one hundred eighty-eight of the transportation law,\na railroad corporation all of whose outstanding shares of each class…

§ 144. Assessment of property of new or surviving corporation. The\nreal estate of such new or surviving corporation, situate within this\nstate, shall be assessed and taxed in the several towns and cities where\nthe same shall be situated in like manner as the real estate of ot…

§ 145. Stocks of municipal corporations, how represented. At any\nmeeting of the stockholders of any railroad corporation to consider any\nagreement or proposition of consolidation, merger, lease or conveyance,\nor other matter, the commissioners or other officers of any municip…

§ 146. Foreclosure of mortgages made by consolidated railroads partly\nin the state. Whenever a railroad corporation of this or of any other\nstate or states whose line of road lies partly in this state and partly\nin another state or states, shall have executed a mortgage upon …

§ 147. Powers of corporations organized to acquire and operate\nrailroads partly in the state. A railroad corporation created under the\nlaws of the state or states in which the greater part of the line of its\nrailroad may be situated, or a railroad corporation heretofore or\nh…

§ 148. Lease and conveyance of road. A railroad corporation may not\ncontract, by way of lease, agreement to convey or otherwise, with any\nother such corporation for the use of their respective roads or routes,\nor any part thereof, situated within this state, without the permi…

§ 151. Mortgagee may purchase at foreclosure sale. Any mortgagee of\nthe property and franchises of any railroad corporation may become the\npurchaser of the same at any sale thereof under the mortgage, upon\nforeclosure by advertisement, or under a judgment, or decree, or\nothe…

§ 16. Location of route. Every railroad corporation, except a street\nsurface railroad corporation and an elevated railroad corporation,\nbefore constructing any part of its road in any county of this state, or\ninstituting any proceedings for the condemnation of real property\n…

§ 162. Acquisition and maintenance of railroad built, owned or\noperated by a corporation not organized under this chapter. No railroad\ncorporation organized under subdivision three of section five of this\nchapter shall acquire, purchase or lease or maintain and operate a\nrai…

§ 17. Acquisition of title to real property; additions, betterments\nand facilities. All real property required by any railroad corporation\nfor the construction, maintenance and accommodation of its railroad\nshall be deemed to be required for a public use, and may be acquired …

§ 170. Street surface railroads; general provisions. The provisions\nof this article shall apply to every corporation which, under the\nprovisions thereof, or of any other law, has constructed or shall\nconstruct or operate, or has been or shall be organized to construct or\nope…

§ 171. Consent of property owners and local authorities. A street\nsurface railroad, or extensions or branches thereof, shall not be built,\nextended or operated unless the consent in writing acknowledged or\nproved as are deeds entitled to be recorded, of the owners in cities a…

§ 172. Consent of local authorities; how procured. The application\nfor the consent of the local authorities shall be in writing and before\nacting thereon such authorities shall give public notice thereof and of\nthe time and place when it will first be considered, which notice…

§ 173. Condition upon which consent shall be given; sale of franchise\nat public auction. The consent of the local authorities in any city\nhaving a population of three hundred thousand or more must contain the\ncondition that the right, franchise and privilege of using any stre…

§ 173-a. The term "terminable permit" as used in this article shall\nmean and embrace every grant from a city, town or village of power,\nright or privilege to occupy or use any of the streets, roads, highways,\navenues, parks or public places of such city, town or village for t…

§ 173-b. Every city, town and village of this state, in addition to\nsuch powers as it may have relating to the granting of rights,\nprivileges, franchises, powers or consents to use the streets, roads,\nhighways, avenues, parks or public places for the construction and\noperati…

§ 173-c. Every city, town and village of this state shall have power,\nsubject to the provisions of sections one hundred and seventy-three-a to\none hundred and seventy-three-h, both inclusive, of this article, to\nenter into an agreement for the purchase of and to acquire by pu…

§ 173-d. Whenever any street surface railroad is or may be operated\nalong or upon any of the streets, roads, highways, avenues, parks or\npublic places of any city, town or village, as to the construction and\noperation of which railroad the conditions set forth in section one\…

§ 173-e. The acceptance of a terminable permit, or the acceptance of\nan amendment to any existing license, grant, franchise, permit or\nconsent incorporating therein the terms of a terminable permit, shall\nconstitute a consent by the street surface railroad corporation or\ncor…

§ 173-f. Every terminable permit, and every amendment to any existing\nlicense, grant, franchise, permit or consent incorporating therein the\nterms of a terminable permit, shall contain an irrevocable option for\nthe purchase by the city, town or village, either directly or thr…

§ 173-g. Approval of permit or amendment by commissioner of\ntransportation. No terminable permit and no amendment to any existing\nlicense, grant, franchise, permit or consent incorporating therein the\nprovisions of a terminable permit, shall become operative or effective\nunt…

§ 173-h. Existing license, grant, franchise, permit or consent\nreinstated on invalidity of amendment. In the event that an amendment\nto any existing license, grant, franchise, permit or consent shall\nsubsequently be declared invalid for any reason, or in the event of the\nfai…

§ 174. Proceedings if property owners do not consent. If the consent\nof property owners required by any provision of this article can not be\nobtained, the corporation failing to obtain such consents may apply to\nthe appellate division of the supreme court held in the departme…

§ 175. Percentage of gross receipts to be paid in cities or villages;\nreport of officers. Every corporation building or operating a railroad\nor branch or extension thereof, under the provisions of this article, or\nof chapter two hundred and fifty-two of the laws of eighteen h…

§ 176. Extension of route over rivers; terminus in other counties;\nwhen property owners withhold consent; supreme court may appoint\ncommissioners. Any street railroad in operation in this state, which\nshall, by a two-thirds vote of its directors, decide to extend the route\no…

§ 177. Use of tracks of other roads. Any railroad corporation in this\nstate, whose cars are run and operated by horses or other motive power,\nauthorized by this article, upon the surface of the street, excepting in\nthe county of New York, may, for the purpose of enabling it t…

§ 178. Repair of streets; rate of speed; removal of ice and snow.\nEvery street surface railroad corporation, so long as it shall continue\nto use or maintain any of its tracks in any street, avenue or public\nplace in any city or village, shall have and keep in permanent repair…

§ 178-a. Headlights. Whenever the tracks of any street surface railway\nshall be laid upon the side of the roadway of any public highway or\nstreet, the headlights of such street surface railway shall be so\narranged, adjusted and operated that no dazzling or dangerous beams of\…

§ 179. Within what time road to be built. In case any street surface\nrailroad corporation shall not commence the construction of its road, or\nof any extension or branch thereof, within one year after the consent of\nthe local authorities and property owners or the determinatio…

§ 18. Railroads through public lands. The commissioner of general\nservices may grant to any domestic or foreign railroad corporation land\nbelonging to the people of the state, except the reservation at Niagara\nand the Concourse lands on Coney Island, which may be required for…

§ 180. Motive power. Any street surface railroad may operate any\nportion of its road by cable, electricity, or any power other than\nlocomotive steam power, which said locomotive steam power is primarily\ngenerated by the locomotive propelling the cars, and in the use of which\…

§ 181. Rate of fare. No corporation constructing and operating a\nrailroad under the provisions of this article, or of chapter two hundred\nand fifty-two of the laws of eighteen hundred and eighty-four, shall\ncharge any passenger more than five cents for one continuous ride fro…

§ 182. Collection of fare. It shall be unlawful for any corporation,\nor an employee thereof, operating a street surface railroad, or a branch\nthereof, on which the motive power is electricity, which road or branch\nis operated wholly or in part in a city having at least one mi…

§ 183. Construction of road in street where other road is built. No\nstreet surface railroad corporation shall construct, extend or operate\nits road or tracks in that portion of any street, avenue, road or\nhighway, in which a street surface railroad is or shall be lawfully\nco…

§ 184. Abandonment of part of route. Any street surface railroad\ncorporation may declare any portion of its route which it may deem no\nlonger necessary for the successful operation of its road and\nconvenience of the public to be relinquished or abandoned. Such\ndeclaration of…

§ 185. Effect of dissolution of charter as to consents. Whenever any\nstreet surface railroad corporation shall have been dissolved or\nannulled, or its charter repealed by an act of the legislature, the\nconsent of owners of property bounded on, and the consent of the local\nau…

§ 186. Corporate rights saved in case of failure to complete road;\nright to operate branches; conditions; former consents ratified;\nlimitations. The corporate existence and powers of every street surface\nrailroad corporation, which has completed a railroad upon a substantial\…

§ 187. Extensions and franchises confirmed. Any street surface\nrailroad corporation which had prior to the tenth day of May, eighteen\nhundred and ninety-three, constructed and was on that date operating any\nextension or branch of its railroad along any streets or highways or\…

§ 188. Certain consents of local authorities confirmed. All consents\ngiven since December first, eighteen hundred and ninety-five, and prior\nto February first, eighteen hundred and ninety-six, by the local\nauthorities of any city having a population of fifty thousand or more,…