§ 82 — Relocation of railroads

§ 82. Relocation of railroads. a. Upon application of any person\nowning a railroad wholly or in part within the limits of the city, the\ncommission, if in its judgment the public interests so demand, with the\napproval of the board of estimate and the mayor, may fix and determine\nthe route upon which such person may relocate its railroad, or some\nspecified portion thereof, including devices and appurtenances. The\ncommission shall fix and determine the location and plan of construction\nof such railroad or portion thereof as so relocated upon such new route,\nthe times within which it shall be constructed upon such new route, and\nsuch other terms, conditions and requirements as to such commission\nshall appear just and proper for the exercise of the franchise of such\nperson upon such new route. Such railroad or portion thereof with the\ndevices and appurtenances when so relocated shall be held by such person\nunder the terms and privileges of his franchise except as may be\notherwise specified and agreed in such grant, in place of the railroad\nor portion thereof as it existed prior to such relocation. Such railroad\nor portion thereof theretofore existing prior to such relocation shall\nthereupon be removed and all right to hold, maintain or operate it upon\nthe former route, except the portion if any thereof not so relocated,\nshall cease. Provided, however, that the construction and operation of\nsuch railroad or portion thereof as so relocated upon the new route,\nfixed and determined by the commission as aforesaid, are authorized only\nupon condition that the consent of the owners of one-half in value of\nthe property bounded on, and the consent also of the board of estimate\nand the mayor, be first obtained. In case the consent of such property\nowners cannot be obtained, the appellate division of the supreme court\nin the department in which such relocation is proposed, upon application\nin the same manner and on the same notice, specified in section\ntwenty-one of this chapter, may appoint three commissioners who shall\ndetermine after a hearing of all the parties interested whether such\nproposed relocated railroad ought to be constructed or operated, and\ntheir determination, confirmed by the court, may be taken in lieu of the\nconsent of the property owners.\n b. As part of the consideration for surrender by such person of any\nand all right to maintain and operate its railroad or portion thereof\nand the structures therefor upon any street in its existing route and\nthe grant of the right to relocate, the grant may provide that the\nexpense of taking away the structure and restoring the streets and of\nreconstructing the structure in the new location, including the\nacquisition of property necessary therefor, shall be borne by the person\nor by the city or partly by the such person and partly by the city. The\ngrant may provide as to the amounts of contributions therefor and by\nwhom and at what time such contributions shall be made. The grant may\nalso provide as to the measure of compensation to be made for existing\nrailroad rights and structures and for such new rights and structures\nacquired under such grant or for either thereof, and the manner of\npaying for them, as to the mode and manner of making and carrying into\neffect such relocation and the conditions upon which it is to be done\nand how and when it shall take place and be completed and fix the\ndetails incident and necessary to the removal, abandonment or rebuilding\nof the old structure or any part thereof. If the public interests, in\nthe opinion of the commission shall justify the provisions, the grant\nmay provide that the construction of any part of the railroad or portion\nthereof so relocated upon such new route included in such grant, with\nthe consent of the commission, may be suspended during the term of such\ngrant or any part of such term, provided that during such term or part\nof term there shall be available for use, in lieu of such part of the\nrailroad or portion thereof, a railroad or a portion of a railroad\nwhich, with the part of the railroad or a part of the portion of the\nrailroad relocated and constructed under such grant, shall form a\ncontinuous and convenient route.\n c. The grant may provide that in case the necessary consents have been\nobtained the city shall itself in whole or in part construct, or shall\nin whole or in part equip, the railroad or portion thereof as relocated\nupon such new route, and in such case the commission, acting for and on\nbehalf of the city, as soon as such consents where necessary have been\nobtained, with the approval of the board of estimate and the mayor, may\nenter into a contract with any person which, in the opinion of the\ncommission, may be best qualified to carry out such contract for the\nconstruction or equipment of such railroad or portion thereof, or such\npart of such construction or equipment, for such sum of money to be\nraised and paid out of the treasury of such city as provided in this\nsection and upon such terms and conditions as the commission shall\ndetermine to be best for the public interests. The commission, in its\ndiscretion, by separate contracts executed from time to time or at the\nsame time, may contract with one or more persons for the performance of\nany kind of work or any portion of the work, or for the furnishing of\nany material, or for the performance of any labor necessary for or\nincidental to the construction or the equipment of such railroad or\nportion thereof so relocated, or any part thereof, which, under the\nterms of such grant, the city may be under obligation to construct or\nequip.\n d. For the purpose of constructing or of equipping such railroad or\nportion thereof as relocated, for the construction or equipment of which\na contract shall have been made by the commission as aforesaid, and for\nthe operation thereof when constructed, the commission for and on behalf\nof the city may acquire by conveyance or grant to such city, or by\ncondemnation or other legal or other proceedings, any and all property\nwhich in the opinion of the commission it shall be necessary to acquire\nor extinguish for the purpose of constructing, equipping or operating\nsuch railroad or portion thereof, free of interference or right of\ninterference, in the same manner and to the same extent and with like\npower and authority as provided in this chapter with reference to the\nacquisition of property for the constructing or operating of any\nrailroad for the construction or operation of which a contract shall\nhave been made under section thirty-one or section forty of this\nchapter.\n e. For the purpose of providing the necessary means for the\nconstruction or equipment by the city of any part of any railroad or\nportion thereof relocated upon any such new route and the necessary\nmeans to pay for property rights which shall be acquired by the city for\nthe purposes of the construction or the equipment or for the operation\nof such part of any railroad or portion thereof relocated upon such new\nroute hereunder the city, from time to time, and as the same shall be\nnecessary, and upon the requisition of such commission, shall make funds\navailable therefor and the proceeds of the same shall be paid out and\nexpended for such purposes upon vouchers certified by such commission.\nNo contract for the construction or equipment of any part of such\nrailroad or portion thereof to be so relocated upon such new route shall\nbe made unless and until the city shall have consented thereto and\nprescribed a limit to the amount of money available for the purposes of\nthis section which shall be sufficient to meet the requirements of such\ncontract in addition to all expenses theretofore incurred and to be\nsatisfied from such money.\n f. 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 by the commission with respect to such relocation of\nsuch railroad or portion thereof and the terms, conditions and\nrequirements aforesaid. A like certificate shall be prepared in like\nmanner upon every modification of the terms of the contract. Such\ncertificate shall be delivered to such person upon the receipt by such\ncommission of a written acceptance of such terms, conditions and\nrequirements duly executed by such person so as to entitle it to be\nrecorded. Such certificate shall be filed in the office of the secretary\nof state, and a duly certified copy thereof shall be filed in the office\nof the clerk of each county to which the privilege granted thereunder\nshall pertain.\n g. Upon the filing of such certificate and upon fulfillment by such\nperson, so far as it relates to such relocation of such railroad or\nposition thereof of such of the requirements and conditions as are\nnecessary to be fulfilled in such cases under section seventeen of\narticle three of the constitution, and upon fulfillment by such person\nof such other terms, conditions and requirements enumerated in such\ncertificate as the commission may require to be fulfilled as a condition\nprecedent to commencing such work, such person, in such cases, shall\npossess in addition to its already existing franchises all the powers\nconferred by this chapter upon corporations with respect to the\nrailroads authorized to be relocated as aforesaid. When any route for\nthe relocation of such railroad or portion thereof shall be so fixed and\ndetermined, and a certificate as aforesaid shall have been duly filed,\nsuch person may construct such railroad or portion thereof upon such new\nroute, with all the rights and with like effect as though the same had\nbeen a part of the original route of such railroad then in actual\noperation, except as may be otherwise provided in such certificate. A\nfranchise, right or authority shall not be granted under this section to\nrelocate any railroad or portion thereof for a longer period than the\nunexpired term of the original grant, franchise or contract of the\nrailroad, and any renewal thereof contained in such contract, as to\nwhich railroad or portion thereof such relocation may be authorized. Any\nsuch franchise, right or authority granted hereunder shall also be\nsubject to be terminated by the city in like manner and under the same\nterms and conditions and at the same time as may be provided in such\noriginal grant or contract for the termination or taking by the city of\nthat grant, if provision therefor be made thereunder.\n h. Such certificate when delivered and accepted by such person, shall\nbe deemed to constitute a contract between such city and such person\naccording to the terms of such certificate. Such contract shall be\nenforceable by the commission, acting in the name of and in behalf of\nsuch city, or by such person according to the terms thereof, but subject\nto the provisions of this chapter. The terms of such contract, from time\nto time, with the consent of such person, may be modified by the\ncommission.\n i. A grant, certificate or contract resulting therefrom, or any\nmodification thereof, shall be invalid unless first approved by the\nboard of estimate and the mayor.\n j. Whenever any railroad or portion thereof is to be removed from any\nstreet and relocated on property, including existing railroad tracks,\nstructures, equipment, and appurtenances thereof, acquired by and\nbelonging to the city or held by or for it and used for bridge, bridge\napproach, plaza or railroad or other purposes, the provisions of this\nsection shall be applicable to such removal and relocation.\nNotwithstanding the provisions of any charter or administrative code of\nsuch city or of any other act or law general, special or local or of any\nlocal law of such city, any and all property rights in such property\nincluding existing railroad tracks, structures, equipment and\nappurtenances thereof constructed thereon or to be constructed thereon\nunder any such plan for such relocation may be granted under and in\naccordance with the provisions of this section as may be necessary or\nconvenient to carry out such relocation in accordance with the terms of\nsuch grant.\n