§ 170 — Street surface railroads; general provisions

§ 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\noperate, a street surface railroad, or any extension or extensions,\nbranch or branches thereof, for public use in the conveyance of persons\nand property for compensation, upon and along any street, avenue, road,\nhighway, or private property, in any city, town or village, or in any\ntwo or more civil divisions of the state, and every such corporation\nmust comply with the provisions of this article. Any street surface\nrailroad corporation, at any time proposing to extend its road or to\nconstruct branches thereof, may, from time to time, make and file in\neach of the offices in which its certificate of incorporation is filed,\na statement of the name and description of the streets, roads, avenues,\nhighways and private property in or upon which it is proposed to\nconstruct, maintain or operate such extensions or branches. Upon filing\nany such statement and upon complying with the conditions set forth in\nsection one hundred and seventy-one of this chapter, every such\ncorporation shall have the power and privilege to construct, extend,\noperate and maintain such road, extensions or branches, upon and along\nthe streets, avenues, roads, highways and private property named and\ndescribed in its certificate of incorporation or in such statement.\nEvery such corporation, before constructing any part of its road upon or\nthrough any private property described in its articles of association or\ncertificate of incorporation or statement, and before instituting any\nproceeding for the acquisition of any real property, shall make a map\nand profile of the route adopted by it upon or through any private\nproperty, which map and profile shall be certified by the president and\nengineer of the company, or a majority of its directors, and shall be\nfiled in the office of the clerk of the county in which the road is to\nbe constructed, and all provisions of section sixteen of this chapter so\nfar as applicable shall apply to the route so located. If any such\nstreet surface railroad company is unable to agree for the purchase of\nany such real property, or of any right or easement therein required for\nthe purpose of its railroad, or if the owner thereof shall be incapable\nof selling the same, or if, after diligent search and inquiry, the name\nand residence of such owner cannot be ascertained, it shall have the\nright to acquire title thereto in the manner and by the proceedings\nprovided by the eminent domain procedure law. Nothing in this section\nshall be deemed to authorize a street railroad corporation whose\nrailroad is mainly, upon, along, above or below streets and highways to\nacquire real property within a city, but nothing in this section shall\napply to or affect rapid transit railways constructed, maintained or\noperated under any rapid transit act.\n