§ 192-A — Relocation of tracks

§ 192-a. Relocation of tracks. In any city having a population of one\nmillion or more, the board of estimate of such city, or if there be no\nboard of estimate, the local authorities of such city having control of\nthe streets shall have the power to apply to the commissioner of\ntransportation for an order directing any street railroad corporation to\nchange the location of its tracks within any street or highway forming a\npart of its route in a borough of such city containing not less than\nthree hundred thousand or more than six hundred thousand inhabitants,\nwhere in the judgment of such commissioner of transportation the\nrelocation of such tracks is necessary in connection with the\nmaintenance, widening, change of grade, setting back of curb lines or\nother proper improvement of such street or highway. Any street railroad\ncorporation operating as aforesaid, shall, at such time as the\ncommissioner of transportation shall direct, start work upon the change\nof the location of its tracks to the place and in the manner directed by\nthe commissioner of transportation and shall complete such change within\na reasonable time thereafter. The relocation of any track in accordance\nwith the provisions of this section shall not limit, change or in any\nwise affect or prejudice the existing rights or franchises of any street\nrailroad corporation, and such corporation shall have the same right to\noperate its railroad on the relocated route in the same manner and to\nthe same extent as it had the right so to do on the original route.\n The cost and expense of the relocation of such railroad tracks shall\nbe imposed and borne in such manner as the commissioner of\ntransportation may determine before, during or subsequent to such\nrelocation. In determining such cost and expense, such commissioner of\ntransportation may take into consideration the fact that such road was\nlocated before such street was laid out.\n