§ 8 — Additional powers conferred

New York § 8

• Jurisdiction: New York
• Law RRD: Railroad
• Art. 2: Organization, General Powers and Location

Text

§ 8. Additional powers conferred. Subject to the limitations and\nrequirements of this chapter and of the public service law every\nrailroad corporation, without limitation of the powers given by the\nbusiness corporation law, shall have power:\n 1. Entry upon lands for purposes of survey. To cause the necessary\nexamination and survey for its proposed railroad to be made for the\nselection of the most advantageous route; and for such purpose, by its\nofficers, agents or servants, to enter upon any lands or waters subject\nto liability to the owner for all damages done.\n 2. Construction of road. To lay out its road not exceeding six rods in\nwidth, and to construct and the same; and, for the purpose of cuttings\nand embankments, to take such additional lands as may be necessary for\nthe proper construction and security of the road; and to cut down any\nstanding trees that may be in danger of falling on the road, upon making\ncompensation therefor. No railroad corporation, whose proposed\nrailroad, or any addition thereto, or branch or extension thereof, shall\ninclude as a part of said proposed railroad, addition, branch or\nextension, a bridge across the Hudson river, or any approaches thereto,\nat any place or point between the federal dam at the city of Troy, and\nthe most southerly point therefrom where both opposite banks are wholly\nwithin the state of New York, shall construct or commence or continue\nthe construction of any part of its said proposed railroad, addition,\nbranch or extension, or construct or use any connection between its\nexisting or proposed railroad or any addition thereto, or branch or\nextension thereof, and any such bridge which may hereafter be\nconstructed, unless and until the plans for such bridge shall have been\nsubmitted to and approved by the commissioner of transportation. The\ncommissioner of transportation shall not approve any plan for any such\nbridge which shall provide for more than a single span across the Hudson\nriver between the present dyke lines or for any pier or abutment between\nthe present dyke lines of the river, or for a clearance of less than one\nhundred thirty-five feet between the lowest part or member of the bridge\nsuperstructure and the mean level of the river. Full and complete plans\nand specifications for such bridge and its approaches shall be submitted\nto the commissioner of transportation by the railroad corporation\nproposing to erect the bridge and action by such officer shall be taken\nthereon, or on a new or amended plan, within ninety days after the\nsubmission thereof and before approving or disapproving said plan said\nstate official shall give a public hearing thereon, which hearing shall\nbe held in the city of Albany and notice of such hearing, stating the\ntime, place and briefly describing the purpose thereof, shall be given\nby publishing the same once at least ten days prior to the date fixed\nfor the hearing, in two daily newspapers published in the city of\nAlbany. If such plans, or new or amended plans be rejected such officer\nshall specify the reasons for the rejection in writing and shall within\nten days mail a copy to the person, firm or corporation having submitted\nthe same. Any railroad corporation which shall commence or continue the\nconstruction of any such railroad, addition, branch or extension or\nconnection, except in accordance herewith, shall be restrained and\nenjoined from proceeding with the work of such construction in an action\nto be brought for that purpose by the attorney-general, and in addition\nthereto, shall forfeit its charter. It is hereby made the duty of the\nattorney-general to institute and prosecute such action whenever it\nshall appear to his satisfaction that the grounds therefor exist.\n 3. Intersection of streams, highways, plank-roads, turnpikes and\ncanals. To construct its road across, along or upon any stream,\nwater-course, highway, plank-road, turnpike, or across any of the canals\nof the state, which the route of its road shall intersect or touch.\n 4. Intersection of other railroads. To cross, intersect, join, or\nunite its railroad with any other railroad before constructed, at any\npoint on its route and upon the ground of such other railroad\ncorporation, with the necessary turnouts, sidings, switches, and other\nconveniences in furtherance of the objects of its connections.\n 5. Buildings and stations. To erect and maintain all necessary and\nconvenient buildings, stations, fixtures and machinery for the\naccommodation and use of its passengers, freight and business.\n 6. Transportation of persons and property. To take and convey persons\nand property on its railroad by the power or force of steam or of\nanimals, or by any mechanical power, except where such power is\nspecially prescribed in this chapter, and to receive compensation\ntherefor.\n 7. Time and manner of transportation. To regulate the time and manner\nin which passengers and property shall be transported, and the\ncompensation to be paid therefor.\n 8. In addition to the power conferred by subparagraph (a) (6) of\nsection two hundred two of the business corporation law, to purchase,\ntake, receive, subscribe for, or otherwise acquire, own, hold, vote,\nemploy, sell, lend, lease, exchange, transfer, or otherwise dispose of,\nmortgage, pledge, use and otherwise deal in and with, bonds and other\nobligations, shares, or other securities or interests issued by others,\nwhether engaged in similar or different business, governmental, or other\nactivities, if authorized in its certificate of incorporation.\n