§ 90. New streets across railroads. When a new street, avenue, highway\nor road or new portion or additional lane of a street, avenue, highway\nor road shall hereafter be constructed across a steam surface railroad,\nother than pursuant to section ninety-one, such street, avenue, highway,\nor road or new portion or additional lane of a street, avenue, highway\nor road, shall pass over or under such railroad whenever such\nconstruction is practicable. Notice of intention to lay out such\nstreet, avenue, highway or road, or such new portion or additional lane\nof a street, avenue, highway or road, across a steam surface railroad\nshall be given to such railroad corporation by the municipal corporation\nat least fifteen days prior to the making of the order laying out such\nstreet, avenue,
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§ 90. New streets across railroads. When a new street, avenue, highway\nor road or new portion or additional lane of a street, avenue, highway\nor road shall hereafter be constructed across a steam surface railroad,\nother than pursuant to section ninety-one, such street, avenue, highway,\nor road or new portion or additional lane of a street, avenue, highway\nor road, shall pass over or under such railroad whenever such\nconstruction is practicable. Notice of intention to lay out such\nstreet, avenue, highway or road, or such new portion or additional lane\nof a street, avenue, highway or road, across a steam surface railroad\nshall be given to such railroad corporation by the municipal corporation\nat least fifteen days prior to the making of the order laying out such\nstreet, avenue, highway or road or such new portion or additional lane\nof a street, avenue, highway or road by service personally on the\npresident or vice-president of the railroad corporation or any general\nofficer thereof. Such notice shall designate the time when and place\nwhere a hearing will be given to such railroad corporation, and such\nrailroad corporation shall have the right to be heard before the\nauthorities of such municipal corporation upon the question of the\nnecessity of such street, avenue, highways or road or such new portion\nor additional lane of a street, avenue, highway or road on the question\nof the location of such highway. If the municipal corporation determines\nsuch street, avenue, highway or road or such new portion or additional\nlane of a street, avenue, highway or road to be necessary, such\nmunicipal corporation shall then apply to the commissioner of\ntransportation before any further proceedings are taken, to determine\nwhether such street, avenue, highway or road or such new portion or\nadditional lane of a street, avenue, highway or road shall pass over or\nunder such railroad or at grade. The commissioner of transportation\nshall thereupon appoint a time and place for hearing such application,\nand shall give such notice thereof as he shall judge reasonable to the\nrailroad corporation whose railroad is to be crossed by such new street,\navenue, highway or road, or such new portion or additional lane of a\nstreet, avenue, highway or road, to the municipal corporation, the\nowners of land adjoining the railroad and that part of the street,\navenue, highway or road to be opened, extended or constructed and such\nother parties deemed by him to be interested in the proceeding. The\ncommissioner of transportation shall determine whether such street,\navenue, highway or road or such new portion or additional lane of a\nstreet, avenue, highway or road shall be constructed over or under such\nrailroad or at grade. If the commissioner of transportation shall\ndetermine that such street, avenue, highway or road or such new portion\nor additional lane of a street, avenue, highway or road shall be carried\nacross such railroad above the grade thereof, he shall determine the\nheight, the length and the material of the bridge or structure by means\nof which such street, avenue, highway or road or such new portion or\nadditional lane of a street, avenue, highway or road shall be carried\nacross such railroad, and the length, character and grades of the\napproaches thereto. If the commissioner of transportation shall\ndetermine that such street, avenue, highway or road or such new portion\nor additional lane of a street, avenue, highway or road shall be\nconstructed or extended below the grade of such railroad, he shall\ndetermine the manner and method in which the same shall be so carried\nunder, and the length, character and grades of the approaches. If the\ncommissioner of transportation shall determine that it is impracticable\nto construct or extend such street, avenue, highway or road or such new\nportion or additional lane of a street, avenue, highway or road across\nsuch railroad above or below the grade thereof, he shall determine the\nmanner and method in which the same shall be carried across such\nrailroad at grade and what safeguards shall be maintained. The decision\nof the commissioner of transportation as to the manner and method of\ncarrying such new street, avenue, highway or road, or such new portion\nor additional lane of a street, avenue, highway or road across such\nrailroad shall be final, subject however to the right of appeal\nhereinafter given, the decision of the commissioner of transportation\nrendered in any proceeding under this section shall be communicated,\nafter final hearing, to the railroad corporation, the municipal\ncorporation and all other parties who appeared at such hearing by\ncounsel or in person. This section shall not apply to any state highway\nor any other street, avenue, highway or road or new portion or\nadditional lane of a street, avenue, highway or road which the\ncommissioner of transportation proposes to construct across a railroad\npursuant to the highway law. Highway as used in this article shall\ninclude any highway, road, street, alley, avenue, thoroughfare or public\ndriveway which is open to the public and publicly maintained.\n