§ 186 — Corporate rights saved in case of failure to complete road; right to operate branches; conditions; former consents ratified; limitations

§ 186. Corporate rights saved in case of failure to complete road;\nright to operate branches; conditions; former consents ratified;\nlimitations. The corporate existence and powers of every street surface\nrailroad corporation, which has completed a railroad upon a substantial\nportion of the route designated in its certificate of incorporation, or\nof extension, within ten years from the date of filing such certificate\nin the office of the department of state, and which was operating such\ncompleted portion of its railroad on the twenty-third day of March,\nnineteen hundred and twelve, and had operated a portion of the same\ncontinuously for a period of five years immediately preceding said date,\nshall continue as to the completed portion of said road only with like\nforce and effect, as though it had in all respects complied with the\nprovisions of law with reference to the time when it should have fully\ncompleted its road, or such extension. Every such corporation shall have\nthe right to operate any extensions and branches of its railroad, now\nconstructed and operated by it, which had been so constructed and\noperated by it, for a period of ten years immediately preceding said\ntwenty-third day of March, nineteen hundred and twelve, with like force\nand effect, as though the route of such extensions and branches were\ndesignated in its certificate of incorporation.\n But every such street surface railroad corporation is authorized to\noperate such railroad and any extensions or branches thereof, upon\ncondition that it has heretofore obtained, or shall hereafter obtain,\nthe consent of the local authorities having the control of that portion\nof the streets, avenues or highways included in such railroad, or any\nextension or branch thereof, to the construction and operation of the\nsame, and also upon the condition that it has heretofore obtained or\nshall hereafter first obtain the consent of the owners of one-half in\nvalue of the property bounded on the portion of the streets, avenues or\nhighways included in the route of such railroad, or any extensions or\nbranches thereof, to the construction and operation of the same, or in\ncase the consent of such property owners can not be obtained, the\nappellate division of the supreme court of the department in which such\nrailroad or any extension or branch thereof is located, may, upon\napplication, appoint three commissioners who shall determine, after a\nhearing of all the 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 the property owners. If\nany street surface railroad corporation shall have made and filed a\nstatement or statements of proposed extensions or branches embracing a\nline from the boundary of a city or village to the boundary of another\ncity or village generally parallel with the route specified in its\ncertificate of incorporation and generally distant not more than\none-half mile therefrom, and shall have made and filed an agreement of\nconsolidation with some other street surface railroad corporation formed\nto build a street railroad upon a route continuous or connecting with\none or more of the routes described in such statement or statements of\nproposed extensions or branches, and thereafter there shall have been\nconstructed and operated for a period of four years a street surface\nrailroad from such city or village to such other city or village upon a\nline embraced in any such proposed extensions or branches, such\nconsolidated corporation may relinquish and abandon any unconstructed\nroute or unconstructed portions of route specified in the certificate of\nincorporation or in any statements or proposed extensions or branches of\nsuch first mentioned corporation by filing in the office of the\ndepartment of state a copy of a resolution of the board of directors of\nsuch consolidated corporation certified by its president and secretary,\ndeclaring such unconstructed route or unconstructed portions of route\nrelinquished or abandoned, and thereupon the corporate rights, powers\nand franchises of such consolidated corporation shall be and continue\nthe same as though the certificate of incorporation of such constituent\ncorporation had specified the constructed and not the unconstructed\nportions of such route and proposed extensions and branches. All\nconsents given, or grants made by local authorities having the control\nof the portion of any street, avenue or highway included in the route of\nsuch railroad, or any extensions or branches thereof, to any such street\nsurface railroad corporation, prior to March twenty-third, nineteen\nhundred and twelve, are hereby ratified and confirmed and declared\nvalid. This section shall not apply to or affect any railroad\ncorporation in the city of New York; nor any special grant made to or\nauthority conferred upon any street surface railroad corporation by any\nlaw of this state; nor any litigation pending on March twenty-third,\nnineteen hundred and twelve; nor shall it impair rights, privileges, or\nfranchises existing on said date of any street surface railroad\ncorporation.\n