§ 229 — Powers

§ 229. Powers. Subject to the provisions of the transportation law,\nevery such corporation shall have power, in addition to the powers\nconferred by the business corporation law and by subdivisions four and\nsix of section eight of this chapter:\n 1. To take and convey persons and property on its railroad by the\npower or force of steam or by any motor other than animal power, and to\nreceive compensation therefor.\n 2. To enter upon and underneath the several streets, avenues and\npublic places and lands designated by the commissioners, and enter into\nand upon the soil of the same, to construct, maintain, operate and use\nin accordance with the plan adopted by the commissioners, a railroad\nupon the route or routes and to the points decided upon and to secure\nthe necessary foundations and erect the columns, piers and other\nstructures which may be required to secure safety and stability in the\nconstruction and maintenance of the railroad constructed upon such plan\nand for operating the same; and to make such excavations and openings\nalong the route through which such railroad shall be constructed as\nshall be necessary from time to time. In all cases the surface of the\nstreets around such foundations, piers and columns shall be restored to\nthe condition in which they were before such excavations were made, as\nnear as may be, and any interference with or change in the water mains,\nor in the sewers or lamp posts, except such changes as may be made with\nthe concurrence of the proper department or authority, shall be avoided;\nand the use of the streets, avenues, places and lands designated by the\ncommissioners and the right of way through the same for the purpose of a\nrailroad, as herein authorized, shall be considered and is hereby\ndeclared to be a public use, consistent with the uses for which the\nroads, streets, avenues and public places are publicly held. No such\ncorporation shall have the right to acquire the use or occupancy of\npublic parks or squares in any such city or county, or the use or\noccupancy of any of the streets or avenues, except such as may have been\ndesignated for the route or routes of such railroad, and except such\ntemporary privileges as the proper authorities may grant to such\ncorporations to facilitate such construction, and no such railroad shall\nbe constructed across the track of any steam railroad now in actual\noperation at the grade thereof, nor shall any piers or supports for any\nelevated railroad be erected upon a railroad track now actually in use\nin any street or avenue; and no such corporation shall construct a\nstreet surface railroad to run in whole or in part upon the surface of\nany street or highway under the provisions of this article.\n