§ 183 — Construction of road in street where other road is built

New York § 183

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

Text

§ 183. Construction of road in street where other road is built. No\nstreet surface railroad corporation shall construct, extend or operate\nits road or tracks in that portion of any street, avenue, road or\nhighway, in which a street surface railroad is or shall be lawfully\nconstructed, except for necessary crossings, or, in cities, villages and\ntowns of less than one million two hundred and fifty thousand\ninhabitants over any bridges, without first obtaining the consent of the\ncorporation owning and maintaining the same, except that any street\nsurface railroad company may use the tracks of another street surface\nrailroad company for a distance not exceeding one thousand feet, and if\nin a city having a population of less than thirty-five thousand\ninhabitants, for a distance not exceeding fifteen hundred feet, and in\ncities, villages and towns of less than one million two hundred and\nfifty thousand inhabitants, shall have the right to lay its tracks upon,\nand run over and use any bridges used wholly or in part as a footbridge,\nwhenever the court upon an application shall be satisfied that such use\nis actually necessary to connect main portions of a line to be\nconstructed or operated as an independent railroad, or to connect said\nrailroad with a ferry, or with another existing railroad, and that the\npublic convenience requires the same, in which event the right to use\nshall only be given for a compensation to an extent and in a manner to\nbe ascertained and determined by the supreme court pursuant to the\nprovisions of the eminent domain procedure law, or by the commissioner\nof transportation in cases where the corporations interested shall unite\nin a request for such commissioner of transportation to act. The supreme\ncourt in determining the compensation to be paid for the use by one\ncorporation of the tracks of another shall consider and allow for the\nuse of the tracks for all injury and damage to the corporation whose\ntracks may be so used. Any street surface railroad corporation may, in\npursuance of a unanimous vote of the stockholders voting at a special\nmeeting called for that purpose by notice in writing, signed by a\nmajority of the directors of such corporation, stating the time, place\nand object of the meeting, and served upon each stockholder appearing as\nsuch upon the books of the corporation, personally or by mail, at his\nlast known post office address, at least sixty days prior to such\nmeeting, guarantee the bonds of any other street surface railroad\ncorporation whose road is fully or partly in the same city or town or\nadjacent cities or towns. Notwithstanding any of the provisions\ncontained in this section, any street surface railroad corporation\nhaving a franchise to construct, maintain and operate in any city by\nunderground electric power over any one street or avenue for a distance\nof more than three miles thereon, and operating under such franchise by\nunderground electric power on such street or avenue over tracks which\nextend more than four thousand feet on each end of the tracks of another\nstreet surface railroad corporation located on such street or avenue and\noperated by underground electric power, may use the tracks of such other\nstreet surface railroad corporation located on such street or avenue for\na distance not exceeding two thousand five hundred feet, and shall pay\ntherefor such compensation as may be agreed upon between such street\nrailroad corporations, or if such street railroad corporations can not\nso agree, such compensation shall be ascertained and determined by the\nsupreme court pursuant to the provisions of the eminent domain procedure\nlaw.\n