§ 80 — Connecting routes and extension of lines

§ 80. Connecting routes and extension of lines. a. The commission,\nfrom time to time, with the approval of the board of estimate and of the\nmayor may grant a right or franchise or enter into a contract, upon\napplication to such commission of any railroad corporation for the\npurpose of constructing and operating a tunnel railroad from an\nadjoining state under the North or Hudson or Harlem river to a terminus\nwithin the city; or under the North or Hudson river and thence\ntransversely across and under the surface of the borough of Manhattan\nand thence under the East river by the shortest practicable route; such\nrailroad to be connected with some trunk line railroad whose terminus is\nin this or an adjoining state, thereby forming a continuous line for the\ncarriage of passengers and property.\n b. A similar grant may be made, or a similar contract entered into,\nupon the application of a railroad corporation, owning or actually\noperating a trunk line railroad whose terminus is within the city, or of\na railroad corporation owning or actually operating, or by the\ncertificate of the commission required to own or actually operate, a\nrailroad wholly or partly within such city and engaged or intended, and\nin such certificate so recited and required, to be, in interstate\ncommerce in connection with a trunk line railroad and which shall have,\nor be required by such certificate to have a terminus in such city, for\nthe purpose of constructing and operating a railroad from such terminus\nby the shortest practicable route to and under or over the East river or\nthe North or Hudson river, or the Harlem river, to any point in this or\nan adjoining state, or to connect such terminus with the railroad or\nterminus of any other such railroad or trunk line railroad in this state\nor to straighten or improve the grade or alignment of any such railroad\nor more directly connect any points thereon.\n c. If and when in the judgment of such commission the public interests\nso demand, the commission, with like approval, may fix and determine the\nroute by which any such railroad corporation making such application may\nso establish and construct or so extend its lines into or within such\ncity, and may authorize any such railroad corporation to construct and\noperate any such railroad or connecting railroad under any streets, and\nalso in the case of any such railroad or connecting railroad which is,\nor by the terms of such certificate is required to be, operated or used\nas a part of an interstate trunk line, to construct and operate the same\nover and across any such streets, but not over and lengthwise of any\nstreets, with all necessary devices and appurtenances and with the right\nto emerge to the surface upon private lands at the termini, and to\ntransport over the same passengers or freight or both and to run over\nthe same either passenger trains or freight trains or mixed trains.\n d. The commission, with like approval, shall fix and determine the\nlocations and plans of construction of the railroad upon such route, the\ntimes within which portions thereof shall be constructed, the\ncompensation to be made therefor to the city by the railroad corporation\nto which the grant shall be made, or with which the contract shall be\nentered into, and such other terms, conditions and requirements as to\nthe commission may appear just and proper. Every such grant shall be\nmade and every such contract entered into, however, upon the condition\nthat the railroad corporation to which the grant shall be made or with\nwhich the contract shall be entered into, from the time of the\ncommencement of the operation of any such railroad, shall annually pay\nto such city a sum or rental. The amount of such sum or rental for a\nperiod of not more than twenty-five years, beginning with such operation\nof any such railroad, shall be prescribed by the commission in such\ngrant or contract. Every such grant or contract shall provide for the\nreadjustment of the amount of such sum or rental at the expiration of\nthe period for which it shall be so prescribed and for readjustment from\ntime to time in the future of the amount of such annual payment at\nintervals each of not more than twenty-five years. The grant may also\nprovide that the city shall have the right after the expiration of a\nperiod fixed in the grant which shall not be more than twenty-five years\nfrom the date on which operation of any portion of such railroad shall\ncommence to purchase and take the right or franchise so granted and any\ntunnel and railroad, thereby authorized, or any portion of such tunnel\nand railroad, provided the city shall determine that such tunnel and\nrailroad or such portion of such tunnel and railroad is necessary or\ndesirable for use as part of some municipal system of rapid transit to\nbe owned by the city, upon giving a specified notice and upon payment of\nthe value of such tunnel and railroad, or portion of tunnel and\nrailroad, but not including the franchise thereby granted, nor to exceed\nthe actual cost in money of construction thereof and of property\nconnected therewith. The grant may provide in default of agreement\nthereon for ascertainment and determination by arbitration or by the\ncourt of the amount to be paid by the city therefor. Any certificate\ngranted by the board of rapid transit railroad commissioners or by the\npublic service commission before the twenty-sixth day of May, nineteen\nhundred nine authorizing the construction and operation of any tunnel\nand railroad under the provisions of this section, and any right\ntheretofore given to the city in or by any such certificate so granted\nto purchase and take any tunnel and railroad, or any portion of such\ntunnel and railroad shall be deemed to have been authorized, and every\nsuch certificate is hereby ratified and confirmed as to such right given\nthereby.\n e. A certificate shall be prepared by the commission attested by its\nseal and the signature of its presiding officer, setting forth in detail\nthe action taken and grant made or contract entered into by the\ncommission with respect to such railroad and the terms, conditions and\nrequirements aforesaid, including provisions as to such annual payments\nand the future readjustments thereof. A like certificate shall be\nprepared in like manner upon every modification of the terms of the\ngrant or contract as provided in this chapter. Each such certificate\nshall prescribe the terms and conditions of the readjustments of such\nannual payments and may provide for the determination of such amount\nupon such readjustments by arbitration or by the supreme court. Such\ncertificate shall be delivered to such railroad corporation upon the\nreceipt by such commission of a written acceptance of the terms,\nconditions and requirements of the grant or contract, duly executed by\nsuch railroad corporation, so as to entitle it to be recorded.\n f. Such certificate shall be filed in the office of the secretary of\nstate, and a duly certified copy thereof shall be filed in the office of\nthe clerk of each county in which such railroad is situated, and\nthereupon, and upon fulfillment by such railroad corporation, so far as\nit relates to such railroad, of such of the requirements and conditions\nas are necessary to be fulfilled in such cases, under section seventeen\nof article three of the constitution, and upon fulfillment by such\nrailroad corporation of such other terms, conditions and requirements\nenumerated in such certificate, as the commission may require to be\nfulfilled as a condition precedent to commencing such work, such\nrailroad corporation shall in such cases possess in addition to its\nalready existing franchises all the powers conferred by this chapter\nupon corporations with respect to its railroads authorized to be\nconstructed as aforesaid. When any routes, rights or franchises, shall\nbe so fixed and determined, and a certificate as aforesaid shall have\nbeen duly filed, such railroad corporation may construct the same with\nall the rights and with like effect as though the same had been a part\nof the original route of its railroad then in actual operation, or as\nmay be provided in such certificate, but in every case subject to all\nthe provisions and conditions of such certificate. Every certificate\nprepared by the commission or any of its predecessors as aforesaid when\ndelivered to and accepted by such railroad corporation, shall be deemed\nto constitute a contract between such city and such railroad\ncorporation, according to the terms of such certificate. Such contract\nshall be enforceable by the commission acting in the name of and in\nbehalf of such city or by such corporation according to the terms\nthereof, but subject to the provisions of this chapter. The terms of\nsuch contract, from time to time, with like approval and with the\nconsent of such corporation, may be modified by the commission.\n g. But the construction and operation of such railroad is authorized\nonly upon the condition that the consent of the owners of one-half in\nvalue of the property bounded on, and the consent also of the board of\nestimate and the mayor be first obtained, provided that such board of\nestimate and mayor, upon the presentation to them of any such grant or\ncontract, without requiring the execution of any other agreements than\nthose herein provided for, shall either approve or disapprove the same.\nEvery such approval shall be and be deemed to be, free of all\nlimitations except those contained in this chapter or the constitution.\nIn case the consent of such property owners can not be obtained, the\nappellate division of the supreme court in the department in which such\nrailroad is proposed to be constructed, upon application, in the same\nmanner and on the same notice specified in section twenty-one of this\nchapter, may appoint three commissioners, who shall determine after a\nhearing of all parties interested, whether such railroad ought to be\nconstructed or operated, and their determination, confirmed by the\ncourt, may be taken in lieu of the consent of such property owners.\n h. No grant or contract shall be made hereunder affecting in any way\nthe liabilities and obligations of the grantee or contracting railroad\ncorporation with reference to taxation for state or local purposes. The\nstate shall not be liable for injuries to persons or property in\nconnection with any railroad or other construction which may be\nauthorized under the provisions of this chapter, nor shall the state be\nliable for any damages in any event for any act or omission of the\ncommission.\n