§ 21 — Railroads along highways

§ 21. Railroads along highways. No railroad corporation shall erect\nany bridge or other obstruction across, in or over any stream or lake,\nnavigated by steam or sail boats at the place where it may be proposed\nto be erected, except as hereinafter provided, nor shall it construct\nits road in, upon or across any street of any city without the assent of\nthe corporation of such city, nor across, upon or along any highway in\nany town or street in any incorporated village, without the order of the\nsupreme court of the district in which such highway or street is\nsituated, made at a special term thereof, after at least ten days'\nwritten notice of the intention to make application for such order shall\nhave been given to the superintendent of highways of such town, or board\nof trustees of the village in which such highway or street is situated,\nand also to the commissioner of transportation in case such highway or\nstreet is one maintained in whole or in part by the state; provided,\nhowever, that all bridges and other obstructions across, in or over any\nstream or lake and all railroad crossings of streets and highways which\nhave existed continuously for twenty-five years shall be deemed\nconclusively to have been properly authorized in so far as this section\nis concerned. A railroad corporation may construct and maintain a\nbridge for the purposes of its railroad, over any stream or lake within\nthis state, navigated as aforesaid, provided that the consent of the\ncommissioner of transportation be granted; and provided further, that in\ncase such waters are used as a part of the canal system, that the\nconsent of the commissioner of transportation be obtained. Every\nrailroad corporation which shall build its road along, across or upon\nany stream, watercourse, street, highway, plank-road or turnpike, which\nthe route of its road shall intersect or touch, shall restore the stream\nor watercourse, street, highway, plank-road and turnpike, thus\nintersected or touched, to its former state, or to such state as not to\nhave unnecessarily impaired its usefulness, and any such highway,\nturnpike or plank-road may be carried by it, under or over its track, as\nmay be found most expedient. In all cases where a railroad crosses a\nhighway at grade, the corporation owning or operating such railroad\nshall construct and maintain a roadway at least sixteen feet wide. Such\nroadway shall be constructed by planking, or equally serviceable\nmaterial for making a permanent road bed, which shall extend at least\none foot outside of the outside rails through and across the entire\nspace between the rails at such crossing. Where an embankment or cutting\nshall make a change in the line of such highway, turnpike or plank-road\ndesirable, with a view to a more easy ascent or descent, it may\nconstruct such highway, turnpike or plank-road, on such new line as its\ndirectors may select, and may take additional lands therefor by\ncondemnation if necessary. Such lands so taken shall become part of such\nintersecting highway, turnpike or plank-road, and shall be held in the\nsame manner and by the same tenure as the adjacent parts of the highway,\nturnpike or plank-road are held for highway purposes. Every railroad\ncorporation shall pay all damages sustained by any turnpike or\nplank-road corporation in consequence of its crossing or occupation of\nany turnpike or plank-road and in case of inability to agree upon the\namount of such damages it may acquire the right to such crossing or\noccupation by condemnation.\n