§ 9 — Certificate of convenience and necessity

§ 9. Certificate of convenience and necessity. No railroad corporation\nformed after May eighteenth, eighteen hundred and ninety-two, under the\nlaws of this state shall exercise the powers conferred by law upon such\ncorporations or begin the construction of its road until the directors\nshall cause a copy of the original certificate of incorporation to be\npublished in one or more newspapers in each county in which the road is\nproposed to be located, at least once a week for three successive weeks,\nand shall file satisfactory proof thereof with the commissioner; nor\nuntil the commissioner shall certify that the foregoing conditions have\nbeen complied with, and also that public convenience and a necessity\nrequire the construction of said railroad as proposed in said\ncertificate of incorporation. The foregoing certificate shall be applied\nfor within six months after the completion of the three weeks'\npublication hereinbefore provided for. If a certificate is refused no\nfurther proceedings shall be had before said commissioner, but the\napplication may be renewed after one year from the date of such refusal.\nPrior to granting or refusing said certificate the commissioner shall\nhave a right to permit errors, omissions or defects to be supplied and\ncorrected. After a refusal to grant such certificate the commissioner\nshall certify a copy of all maps and papers on file in its office and of\nthe findings of the commissioner when so requested by the directors\naforesaid. Such directors may thereupon present the same to the\nappellate division of the supreme court of the department within which\nsaid road is proposed in whole or in part to be constructed, and said\nappellate division shall have power, in its discretion, to order said\ncommissioner, for reasons stated, to issue said certificate, and it\nshall be issued accordingly. Such certificate shall be filed in the\noffice of the department of state, and a copy thereof, certified to be a\ncopy by the secretary of state, or his deputy, shall be evidence of the\nfact therein stated. Nothing in this section shall prevent any such\nrailroad corporation from causing such examinations and surveys for its\nproposed railroad to be made as may be necessary to the selection of the\nmost advantageous route; and for such purpose by its officers or agents\nand servants, entering upon the lands or water of any person, but\nsubject to the responsibility for all damages which shall be done\nthereto. The certificate provided for in this section shall not\ndispense with the permission and approval provided for in section one\nhundred twenty-seven of the transportation law.\n