§ 172 — Consent of local authorities; how procured

New York § 172

• Jurisdiction: New York
• Law RRD: Railroad
• Art. 5: Street Surface Railroads

Text

§ 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 shall\nbe published daily in any city for at least fourteen days in two of its\ndaily newspapers if there be two, if not, in one, to be designated by\nthe mayor, and in any village or town for at least fourteen days in a\nnewspaper published therein, if any there shall be, and if none, then\ndaily in two daily newspapers if there be two, if not, one published in\nthe city nearest such village or town. Upon application for such\nconsent, the local authorities shall also give written notice of the\nfiling of such application to all common carriers operating in the town,\nvillage or city to the local authorities of which such application is\nmade. Such consent must be upon the expressed condition that the\nprovisions of this article pertinent thereto shall be complied with, and\nshall be filed in the office of the clerk of the county in which such\nrailroad is located. Whenever the consent of the common council of a\ncity is applied for, the first consideration, of which notice is hereby\nrequired, may be by committee of such common council. Any such notice,\npublication or consideration heretofore or hereafter given, made or had\nin substantial conformity with the requirements of this section, is and\nshall be sufficient notice, publication and consideration for all the\npurposes hereof notwithstanding any conflicting provision of any local\nor special act or charter.\n