§ 127 — Franchises and privileges

§ 127. Franchises and privileges. Without first having obtained the\npermission and approval of the commissioner no common carrier shall\nbegin the construction of a railroad or street railroad, or any\nextension thereof, for which a certificate of public convenience and\nnecessity shall not have been granted by the board of railroad\ncommissioners or where prior to said time said common carrier shall not\nhave become entitled by virtue of its compliance with the provisions of\nthe railroad law to begin such construction; nor, except as above\nprovided in this section, shall any such common carrier exercise any\nfranchise or right under any provision of the railroad law, or of any\nother law, not heretofore lawfully exercised, without first having\nobtained the permission and approval of the commissioner. The\ncommissioner shall have power to grant the permission and approval\nherein specified whenever he shall after due hearing determine that such\nconstruction or such exercise of the franchise or privilege is necessary\nor convenient for the public service.\n