§ 223 — Determination of necessity of railroad and route

§ 223. Determination of necessity of railroad and route. The\ncommissioners shall, within thirty days after such organization,\ndetermine upon the necessity of such steam railroad, and if they find it\nto be necessary, they shall, within sixty days after such organization,\nfix and determine the route therefor, and shall have the exclusive power\nto locate such route, over, under, through or across the streets,\navenues, places or lands in such county or city, and to provide for the\nconnection or junction with any other railroad or bridge, if the consent\nof the owners of one-half in value of the property bounded on and the\nconsent of the local authorities having control of that portion of a\nstreet or highway upon which it is proposed to construct or operate such\nrailroad have been first obtained. If the consent of such property\nowners can not be obtained, the determination of three commissioners\nappointed by the appellate division of the supreme court of the\ndepartment where the railroad is to be constructed, made after due\nhearing of all parties interested, and confirmed by the court, that such\nrailroad ought to be constructed and operated, may be taken in lieu of\nthe consent of such property owners. No such railroad shall be located\nin or upon such portion of any street, avenue, place or lands in such\ncounty as are now occupied by an elevated or underground railroad or in\nwhich such a railroad has already been authorized by law to be so\nlocated and constructed, or which are contained in public parks, or\noccupied by buildings belonging to the county or the state or the United\nStates, or in or upon the following streets, avenues and public places,\nviz.: Broadway, Fifth avenue, Fourth avenue above Forty-second street,\nin the borough of Manhattan, city of New York; Debevoise place, Irving\nplace, Lefferts place, those portions of Grand, Classon and Franklin\navenues and Downing street lying between the southerly line of Lexington\navenue and the northerly line of Atlantic avenue, that portion of\nClasson avenue lying between the northerly line of Lexington avenue and\nthe southerly line of Park avenue, and that portion of Washington avenue\nlying between Park and Atlantic avenues in the borough of Brooklyn; and\nthat portion of the city of Buffalo lying between Michigan and Main\nstreets; but such railroad may be located and constructed across such\nexcepted streets, avenues and places only at their intersection with\nother streets, avenues and places.\n