§ 23 — Interference with tracks and sub-surface structures

§ 23. Interference with tracks and sub-surface structures. a.\nWherever or whenever the route selected by the board of transportation\nor one of its predecessors for the construction of such railroad shall\nintersect, cross or coincide with any railroad track occupying the\nsurface of any street, or the construction or operation of such railroad\nshall interfere with any sub-surface structures, any person constructing\nany railroad or part of a railroad under any contract made with the\nboard of transportation or one of its predecessors, is hereby\nauthorized, for the purpose of constructing such work, to remove the\ntrack of any such railroad, or any of such sub-surface structures. Such\nremoval shall be done in such manner as to interfere as little as\npossible with the practical operation or workings of such railroad, or\nthe works or business of the owners of any of such sub-surface\nstructures. Upon the construction of such railroad built under and in\nconformity with the provisions of this chapter, where such removals or\nchanges have been made, such track or sub-surface structures shall be\nrestored as nearly as may be to the condition in which they were\nprevious to the construction of any such railroad built under the\nprovisions of this chapter. Any damages which such owner may sustain\nshall be ascertained by a commissioner to be appointed in the manner\nprovided by the condemnation law.\n b. For the purpose of the construction or operation of any railroad\nunder the provisions of this chapter, the board of transportation may\nremove or cause to be removed, any sub-surface structures underneath any\nstreet. Such structures shall be replaced as soon as practicable, either\nin the same position as before or in a secure and convenient position\nunderneath such street or underneath such other street, as may be\napproved by the head of the agency of the city having jurisdiction\nthereof. This section shall not authorize the permanent removal from any\nstreet of any subways or conduits for the reception of electrical\nconductors which shall have been placed in such street prior to the\nconstruction of the railroad, without the consent of the owner and\nlessee of such subway or conduit.\n c. All such removals and restorations shall be made at the proper cost\nand charge of such person as may have made such removals, but subject to\nthe provisions of his contract, if any, with the board of transportation\nor one of its predecessors. For the purpose of facilitating\nconstruction, and to diminish the period of occupancy of any street for\nthe transportation of material, any contractor acting under a contract\nmade in pursuance of this chapter, with the approval of the board of\ntransportation, may lay upon or over the surface of any street,\ntemporary tramways, to be used only for the removal of excavated\nmaterials or the transportation of materials for use in such\nconstruction. Any such tramway shall be removed forthwith upon the\ndirection of the board of transportation. This section shall not\nauthorize the construction or operation of any street railroad or grant\nto any person the right to lay down railroad tracks.\n