NY-RRD Railroad Law NY

Short title. This chapter shall be known as the "Railroad Law."

Definitions. As used in this chapter, unless the context

otherwise requires:

(1) "Commissioner of transportation", "Commissioner" or "commission"

means the state commissioner of transportation.

(2) "Certificate of incorporation" and "bonds" have the meaning set

forth in section one hundred two of the business corporation law.

Incorporation. A railroad corporation may be formed under this

chapter for the purpose of owning or operating a railroad for public

use, in accordance with the procedure for the formation of corporations

set forth in article four of the business corporation law, by delivering

to the department of state for filing a certificate of incorporation

entitled "Certificate of incorporation of ... (name of corporation)

pursuant to section five of the railroad law".

Applicability of business corporation law to railroad

corporations. (a) The business corporation law applies to a corporation

heretofore or hereafter formed under this chapter, or under any other

statute or special act of this state, or under laws other than the

statutes of this state, which has as its purpose or among its purposes a

purpose for which a corporation may be formed under this chapter, except

that in case of a conflict between the business corporation law and this

chapter the provisions of this chapter shall govern. If there is in this

chapter a provision relating to a matter embraced in the business

corporation law and not in conflict therewith, both provisions shall

apply. Any corporation to which the business corporation law is made

applicable by this section shall be treated as a "corporation",

"domestic corporation", or "foreign corporation", as such terms are used

in the business corporation law, except that the purposes for which any

such corporation may be formed under section five of this chapter shall

not thereby be extended.

(b) For the purpose of this section and elsewhere in this chapter, the

effective date of the business corporation law as to corporations to

which the business corporation law is made applicable by this section

shall be September first, nineteen hundred sixty-four.

Additional powers conferred. Subject to the limitations and

requirements of this chapter and of the public service law every

railroad corporation, without limitation of the powers given by the

business corporation law, shall have power:

1. Entry upon lands for purposes of survey. To cause the necessary

examination and survey for its proposed railroad to be made for the

selection of the most advantageous route; and for such purpose, by its

officers, agents or servants, to enter upon any lands or waters subject

to liability to the owner for all damages done.

2. Construction of road. To lay out its road not exceeding six rods in

width, and to construct and the same; and, for the purpose of cuttings

and embankments, to take such additional lands as may be necessary for

the proper construction and security of the road; and to cut down any

standing trees that may be in danger of falling on the road, upon making

compensation therefor. No railroad corporation, whose proposed

railroad, or any addition thereto, or branch or extension thereof, shall

include as a part of said proposed railroad, addition, branch or

extension, a bridge across the Hudson river, or any approaches thereto,

at any place or point between the federal dam at the city of Troy, and

the most southerly point therefrom where both opposite banks are wholly

within the state of New York, shall construct or commence or continue

the construction of any part of its said proposed railroad, addition,

branch or extension, or construct or use any connection between its

existing or proposed railroad or any addition thereto, or branch or

extension thereof, and any such bridge which may hereafter be

constructed, unless and until the plans for such bridge shall have been

submitted to and approved by the commissioner of transportation. The

commissioner of transportation shall not approve any plan for any such

bridge which shall provide for more than a single span across the Hudson

river between the present dyke lines or for any pier or abutment between

the present dyke lines of the river, or for a clearance of less than one

hundred thirty-five feet between the lowest part or member of the bridge

superstructure and the mean level of the river. Full and complete plans

and specifications for such bridge and its approaches shall be submitted

to the commissioner of transportation by the railroad corporation

proposing to erect the bridge and action by such officer shall be taken

thereon, or on a new or amended plan, within ninety days after the

submission thereof and before approving or disapproving said plan said

state official shall give a public hearing thereon, which hearing shall

be held in the city of Albany and notice of such hearing, stating the

time, place and briefly describing the purpose thereof, shall be given

by publishing the same once at least ten days prior to the date fixed

for the hearing, in two daily newspapers published in the city of

Albany. If such plans, or new or amended plans be rejected such officer

shall specify the reasons for the rejection in writing and shall within

ten days mail a copy to the person, firm or corporation having submitted

the same. Any railroad corporation which shall commence or continue the

construction of any such railroad, addition, branch or extension or

connection, except in accordance herewith, shall be restrained and

enjoined from proceeding with the work of such construction in an action

to be brought for that purpose by the attorney-general, and in addition

thereto, shall forfeit its charter. It is hereby made the duty of the

attorney-general to institute and prosecute such action whenever it

shall appear to his satisfaction that the grounds therefor exist.

3. Intersection of streams, highways, plank-roads, turnpikes and

canals. To construct its road across, along or upon any stream,

water-course, highway, plank-road, turnpike, or across any of the canals

of the state, which the route of its road shall intersect or touch.

4. Intersection of other railroads. To cross, intersect, join, or

unite its railroad with any other railroad before constructed, at any

point on its route and upon the ground of such other railroad

corporation, with the necessary turnouts, sidings, switches, and other

conveniences in furtherance of the objects of its connections.

5. Buildings and stations. To erect and maintain all necessary and

convenient buildings, stations, fixtures and machinery for the

accommodation and use of its passengers, freight and business.

6. Transportation of persons and property. To take and convey persons

and property on its railroad by the power or force of steam or of

animals, or by any mechanical power, except where such power is

specially prescribed in this chapter, and to receive compensation

therefor.

7. Time and manner of transportation. To regulate the time and manner

in which passengers and property shall be transported, and the

compensation to be paid therefor.

8. In addition to the power conferred by subparagraph (a) (6) of

section two hundred two of the business corporation law, to purchase,

take, receive, subscribe for, or otherwise acquire, own, hold, vote,

employ, sell, lend, lease, exchange, transfer, or otherwise dispose of,

mortgage, pledge, use and otherwise deal in and with, bonds and other

obligations, shares, or other securities or interests issued by others,

whether engaged in similar or different business, governmental, or other

activities, if authorized in its certificate of incorporation.

Certificate of convenience and necessity. No railroad corporation

formed after May eighteenth, eighteen hundred and ninety-two, under the

laws of this state shall exercise the powers conferred by law upon such

corporations or begin the construction of its road until the directors

shall cause a copy of the original certificate of incorporation to be

published in one or more newspapers in each county in which the road is

proposed to be located, at least once a week for three successive weeks,

and shall file satisfactory proof thereof with the commissioner; nor

until the commissioner shall certify that the foregoing conditions have

been complied with, and also that public convenience and a necessity

require the construction of said railroad as proposed in said

certificate of incorporation. The foregoing certificate shall be applied

for within six months after the completion of the three weeks'

publication hereinbefore provided for. If a certificate is refused no

further proceedings shall be had before said commissioner, but the

application may be renewed after one year from the date of such refusal.

Prior to granting or refusing said certificate the commissioner shall

have a right to permit errors, omissions or defects to be supplied and

corrected. After a refusal to grant such certificate the commissioner

shall certify a copy of all maps and papers on file in its office and of

the findings of the commissioner when so requested by the directors

aforesaid. Such directors may thereupon present the same to the

appellate division of the supreme court of the department within which

said road is proposed in whole or in part to be constructed, and said

appellate division shall have power, in its discretion, to order said

commissioner, for reasons stated, to issue said certificate, and it

shall be issued accordingly. Such certificate shall be filed in the

office of the department of state, and a copy thereof, certified to be a

copy by the secretary of state, or his deputy, shall be evidence of the

fact therein stated. Nothing in this section shall prevent any such

railroad corporation from causing such examinations and surveys for its

proposed railroad to be made as may be necessary to the selection of the

most advantageous route; and for such purpose by its officers or agents

and servants, entering upon the lands or water of any person, but

subject to the responsibility for all damages which shall be done

thereto. The certificate provided for in this section shall not

dispense with the permission and approval provided for in section one

hundred twenty-seven of the transportation law.

Location of route. Every railroad corporation, except a street

surface railroad corporation and an elevated railroad corporation,

before constructing any part of its road in any county of this state, or

instituting any proceedings for the condemnation of real property

therein, shall make a map and profile of the route adopted by it in such

county, certified by the president and engineer of the corporation, or a

majority of the directors, and file them in the office of the clerk of

the county in which the road is to be made. The corporation shall give

written notice to all actual occupants of the lands over which the route

of the road is so designated, and which has not been purchased by or

given to it, of the time and place such map and profile were filed, and

that such route passes over the lands of such occupants. Any such

occupant or the owner of the land aggrieved by the proposed location,

may, within fifteen days after receiving such notice, give ten days'

written notice to such corporation and to the owners or occupants of

lands to be affected by any proposed alteration, of the time and place

of an application to a justice of the supreme court, in the judicial

district where the lands are situated, by petition duly verified, for

the appointment of commissioners to examine the route.

The petition shall state the objections to the route designated, shall

designate the route to which it is proposed to alter the same, and shall

be accompanied with a survey, map and profile of the route designated by

the corporation, and of the proposed alteration thereof, and copies

thereof shall be served upon the corporation and such owners or

occupants with the notice of the application. The justice may, upon the

hearing of the application, appoint three disinterested persons, one of

whom must be a practical civil engineer, commissioners to examine the

route proposed by the corporation, and the route to which it is proposed

to alter the same, and after hearing the parties, to affirm the route

originally designated, or adopt the proposed alteration thereof, as may

be consistent with the just rights of all parties and the public,

including the owners or occupants of lands upon the proposed

alterations; but no alteration of the route shall be made except by the

concurrence of the commissioner who is a practical civil engineer, nor

which will cause greater damage or injury to lands or materially greater

length of road than the route designated by the corporation, nor which

shall substantially change the general line adopted by the corporation.

The commissioners shall, within thirty days after their appointment

make and certify their written determination, which with the petition,

map, survey and profile, and any testimony taken before them shall be

immediately filed in the office of the county clerk of the county.

Within twenty days after such filing, any party may, by written notice

to the other, appeal to the appellate division of the supreme court from

the decision of the commissioners, which appeal shall be heard and

decided at the next term held in the department in which the lands of

the petitioners or any of them are situated, for which the same can be

noticed, according to the rules and practice of the court. On the

hearing of such appeal, the court may affirm the route proposed by the

corporation or may adopt that proposed by the petitioner.

The commissioners shall each be entitled to six dollars per day for

their services, and to their reasonable and necessary expenses, to be

paid by the persons who applied for their appointment. If the route of

the road, as designated by the corporation, is altered by the

commissioners, or by the order of the court, the corporation shall

refund to the petitioner the amount so paid, unless the decision of the

commissioners is reversed upon appeal taken by the corporation. No such

corporation shall institute any proceedings for the condemnation of real

property in any county until after the expiration of fifteen days from

the service by it of the notice required by this section. Every such

corporation shall transmit to the commission the following maps,

profiles and drawings exhibiting the characteristics of its road, to

wit:

A map or maps showing the length and direction of each straight line;

the length and radius of each curve; the point of crossing of each town

and county line, and the length of the line in each town and county

accurately determined by measurements to be taken after the completion

of the road.

Whenever any part of the road is completed and used, such maps and

profiles of such completed part shall be filed with the commission

within three months after the completion of any such portion and the

commencement of its operation; and when any additional portion of the

road shall be completed and used, other maps shall be filed within the

same period of time, showing the additional parts so completed. If the

route, as located upon the map and profile filed in the office of any

county clerk, shall have been changed, it shall also cause a copy of the

map and profile filed in the office of the commission, so far as it may

relate to the location in such county, to be filed in the office of the

county clerk.

Acquisition of title to real property; additions, betterments

and facilities. All real property required by any railroad corporation

for the construction, maintenance and accommodation of its railroad

shall be deemed to be required for a public use, and may be acquired by

such corporation. If the corporation is unable to agree for the

purchase of any such real property, or of any right, interest or

easement therein, required for any such purpose, or if the owner thereof

shall be incapable of selling the same, or if after diligent search and

inquiry the name and residence of any such owner cannot be ascertained,

it shall have the right to acquire title thereto by condemnation. Every

railroad corporation shall have the power from time to time to make and

use upon or in connection with any railroad either owned or operated by

it, such additions, betterments and facilities as may be necessary or

convenient for the better management, maintenance or operation of any

such railroad, and shall have the right by purchase or by condemnation,

to acquire any real property required therefor, and it shall also have

the right of condemnation in the following additional cases:

1. Where title to real property has been acquired, or attempted to be

acquired, and has been found to be invalid or defective.

2. Where its railroad shall be lawfully in possession of a lessee,

mortgagee, trustee or receiver, and additional real property shall be

required for the purpose of running or operating such railroad.

3. Where it shall require for any railroad owned or operated by it any

further rights to lands or the use of lands for additional main tracks

or for branches, sidings, switches, or turn-outs or for connections or

for cut-offs or for shortening or straightening or improving the line or

grade of its road or any part thereof. Also where it shall require any

further rights to lands or the use of lands for filling any structures

of its road, or for constructing, widening or completing any of its

embankments or roadbeds, by means of which greater safety or permanency

may be secured, and such land shall be contiguous to such railroad and

reasonably accessible.

4. Where it shall require any further right to lands or to the use of

lands for the flow of water occasioned by railroad embankments or

structures now in use, or hereafter rendered necessary, or for any other

purpose necessary for the operation of such railroad, or for any right

to take and convey water from any spring, pond, creek or river to such

railroad, for the uses and purposes thereof, together with the right to

build or lay aqueducts or pipes for the purpose of conveying such water,

and to take up, relay and repair the same, or for any right of way

required for carrying away or diverting any water, stream or floods from

such railroad for the purpose of protecting its road or for the purpose

of preventing any embankment, excavation or structure of such railroad

from injuring the property of any person who may be rendered liable to

injury thereby.

Waters commonly used for domestic, agricultural or manufacturing

purposes, shall not be taken by condemnation to such an extent as to

injuriously interfere with such use in future. No railroad corporation

shall have the right to acquire by condemnation any right or easement in

or to any real property owned or occupied by any other railroad

corporation, except the right to intersect or cross the tracks and lands

owned or held for right of way by such other corporation, without

appropriating or affecting any lands owned or held for depots or

gravel-beds.

Whenever any real property is required by any steam surface railroad

corporation, the lines of which within this state are situated wholly

within a city of over one million inhabitants, for the purposes

mentioned in this section, it shall be a condition precedent to the

bringing, or, if heretofore brought, to the continuing of condemnation

proceedings by any railroad corporation to acquire said real property

that it procure the consent of the commissioner to acquire such real

property, and unless such consent is given and procured the said

property shall not be condemned. The last preceding requirement shall

apply to all proceedings pending at the time this amendment takes

effect.

Railroads through public lands. The commissioner of general

services may grant to any domestic or foreign railroad corporation land

belonging to the people of the state, except the reservation at Niagara

and the Concourse lands on Coney Island, which may be required for the

purposes of its road on such terms as may be agreed upon by them; or a

domestic railroad corporation may acquire title thereto by condemnation;

and the county or town officers having charge of any land belonging to

any county or town, required for a domestic railroad corporation for the

purposes of its road, may grant such land to the corporation for such

compensation as may be agreed upon. In case the land or any right,

interest or easement therein, required by a domestic or foreign railroad

corporation is used for prison purposes the commissioner of general

services may grant such land, or any right, interest or easement

therein, provided the plans of such railroad corporation for the use of

such prison lands, or such right, interest or easement therein, have the

approval of the commissioner of corrections and community supervision.

Railroads through Indian lands. Any railroad corporation may

contract with the chiefs of any nation of Indians, over whose lands it

may be necessary to construct its railroad, for the right to make such

road upon such lands, but such contract shall not vest in the

corporation the fee to the land, nor the right to occupy the same for

any purposes other than may be necessary for the construction, occupancy

and maintenance of such railroad, and such contract shall not be valid

or effectual until it shall be ratified by the county court of the

county where the land shall be situated.

Railroads through Chautauqua assembly grounds. No railroad

corporation shall build, construct or operate any railroad in, upon,

over or through the grounds, lands or premises owned by the Chautauqua

assembly corporation in the town and county of Chautauqua, without the

written consent of a majority of the board of trustees of such assembly

corporation.

Railroads along highways. No railroad corporation shall erect

any bridge or other obstruction across, in or over any stream or lake,

navigated by steam or sail boats at the place where it may be proposed

to be erected, except as hereinafter provided, nor shall it construct

its road in, upon or across any street of any city without the assent of

the corporation of such city, nor across, upon or along any highway in

any town or street in any incorporated village, without the order of the

supreme court of the district in which such highway or street is

situated, made at a special term thereof, after at least ten days'

written notice of the intention to make application for such order shall

have been given to the superintendent of highways of such town, or board

of trustees of the village in which such highway or street is situated,

and also to the commissioner of transportation in case such highway or

street is one maintained in whole or in part by the state; provided,

however, that all bridges and other obstructions across, in or over any

stream or lake and all railroad crossings of streets and highways which

have existed continuously for twenty-five years shall be deemed

conclusively to have been properly authorized in so far as this section

is concerned. A railroad corporation may construct and maintain a

bridge for the purposes of its railroad, over any stream or lake within

this state, navigated as aforesaid, provided that the consent of the

commissioner of transportation be granted; and provided further, that in

case such waters are used as a part of the canal system, that the

consent of the commissioner of transportation be obtained. Every

railroad corporation which shall build its road along, across or upon

any stream, watercourse, street, highway, plank-road or turnpike, which

the route of its road shall intersect or touch, shall restore the stream

or watercourse, street, highway, plank-road and turnpike, thus

intersected or touched, to its former state, or to such state as not to

have unnecessarily impaired its usefulness, and any such highway,

turnpike or plank-road may be carried by it, under or over its track, as

may be found most expedient. In all cases where a railroad crosses a

highway at grade, the corporation owning or operating such railroad

shall construct and maintain a roadway at least sixteen feet wide. Such

roadway shall be constructed by planking, or equally serviceable

material for making a permanent road bed, which shall extend at least

one foot outside of the outside rails through and across the entire

space between the rails at such crossing. Where an embankment or cutting

shall make a change in the line of such highway, turnpike or plank-road

desirable, with a view to a more easy ascent or descent, it may

construct such highway, turnpike or plank-road, on such new line as its

directors may select, and may take additional lands therefor by

condemnation if necessary. Such lands so taken shall become part of such

intersecting highway, turnpike or plank-road, and shall be held in the

same manner and by the same tenure as the adjacent parts of the highway,

turnpike or plank-road are held for highway purposes. Every railroad

corporation shall pay all damages sustained by any turnpike or

plank-road corporation in consequence of its crossing or occupation of

any turnpike or plank-road and in case of inability to agree upon the

amount of such damages it may acquire the right to such crossing or

occupation by condemnation.

Proceedings to determine point at which a new railroad shall

intersect one already established; compensation; duties of intersecting

roads. Every railroad corporation, whose road is or shall be intersected

by any new railroad, shall unite with the corporation owning such new

railroad in forming the necessary intersections and connections, and

grant the requisite facilities therefor. If the two corporations can not

agree upon the amount of compensation to be made therefor or upon the

line or lines, grade or grades, points or manner of such intersections

and connections, the same shall be ascertained and determined by the

supreme court. The court may determine whether the crossing or

crossings of any railroad before construction shall be beneath, at, or

above the existing grade of such railroad, and upon the route designated

upon the map of the corporation seeking the crossing or otherwise. All

railroad corporations whose roads are or shall hereafter be so crossed,

intersected or joined, shall receive from each other and forward to

their destination all goods, merchandise and other property intended for

points on their respective roads, with the same dispatch as, and at a

rate of freight not exceeding the local tariff rate charged for similar

goods, merchandise and other property, received at or forwarded from the

same point for individuals and other corporations.

Highway exempted. No railroad shall be constructed, maintained

or operated and no railroad tracks shall be laid upon the state road

known as the Buffalo and White's Corners plank-road in the county of

Erie, where none now exists, excepting such as may be necessarily laid

for the purpose only of crossing said highway. The provisions of this

section shall not affect any consents granted prior to the eighteenth

day of April, nineteen hundred and five, or any rights acquired for the

construction of any such railroad.

Change of route, grade or terminus; abandonment of line or

portion thereof. Every railroad corporation, except elevated railroad

corporations, may, by a vote of two-thirds of all its directors, alter

or change the route or any part of the route of its road or its termini,

or locate such route, or any part thereof, or its termini, in a county

adjoining any county named in its certificate of incorporation, if it

shall appear to them that the line can be improved thereby, upon making

and filing in the clerk's office of the proper county a survey, map and

certificate of such alteration or change. If the same is made after the

corporation has commenced grading the original route, compensation shall

be made to all persons for injury done by such grading to any lands

donated to the corporation. But neither terminus can be changed, under

this section, to any other county than one adjoining that in which it

was previously located; nor can the route or terminus of any railroad be

so changed in any town, county or municipal corporation, which has

issued bonds and taken any stock or bonds in aid of the construction of

such railroad, without the written consent of a majority of taxpayers

appearing upon the last assessment-roll of such town, county or

municipal corporation, unless such terminus, after the change, will

remain in the same village or city as theretofore. No alteration of the

route of any railroad after its construction shall be made, or new line

or route of road laid out or established, as provided in this section,

in any city or village, unless approved by a vote of two-thirds of the

common council of the city or trustees of the village. Any railroad

corporation may, by a vote of its directors, change the grade of any

part of its road, except that in the city of Buffalo such change must

conform to the general plan heretofore adopted and filed by the grade

crossing commissioners of said city, or any modification thereof, within

the territory covered by said general plan, in such manner as it may

deem necessary to avoid accidents and facilitate the use of such road;

and it may by such vote alter the grade of its road, for such distance

and in such manner as it may deem necessary, on each or either side of

the place where the grade of its road has been changed by direction of

the commissioner of transportation, at any point where its road crosses

any canal or canal feeder, except that in the city of Buffalo such

change must conform to the general plan heretofore adopted and filed by

the grade crossing commissioners of said city, or any modification

thereof, within the territory covered by said general plan. The

commissioner of transportation shall have a general and supervisory

power over that part of any railroad which passes over, or approaches

within ten rods of any canal or canal feeder belonging to the state so

far as may be necessary to preserve the free and perfect use of such

canals or feeders, or to make any repairs, improvements or alterations

in the same. Any railroad corporation whose tracks cross any of the

canals of the state, and the grade of which may be raised by direction

of the commissioner of transportation, with the assent of such

commissioner, may lay out a new line of road to cross such canal at a

more favorable grade, and may extend such new line and connect the same

with any other line of road owned by such corporation upon making and

filing in the clerk's office of the proper county a survey, map and

certificate of such new or altered line. Notwithstanding the foregoing

provisions of this section or of any other provision of law, any

railroad corporation may by a vote of two-thirds of all its directors,

or by action of its receiver or trustee if in receivership,

reorganization or bankruptcy, taken with the permission of the court

having jurisdiction, abandon all or any portion of its line or lines, or

the operation thereof, provided, however, that the commissioner of

transportation has determined that such abandonment is in the public

interest.

Tunnel railroads. When, according to the route and plan for the

building of its road, adopted by any railroad corporation, including

corporations organized under chapter one hundred and forty of the laws

of eighteen hundred and fifty, and the acts amendatory thereof, and

supplementary thereto, it shall be necessary or proper to build it or

any part of it underground, or to tunnel or bridge any river or waters,

such corporation may enter upon, acquire title to and use such lands

under water and uplands, except on or along any canals of the state, as

shall be necessary for the purpose herein mentioned, and may construct,

erect and secure the necessary foundations and other structures which

may be required for operating and maintaining such road, or connecting

the same with another, and to acquire, in the manner provided by law,

such land or rights or easements in lands along its route, upon, over or

beneath the surface thereof as may be necessary for the construction of

its road and making such connections. Where such road runs underneath

the ground, at such depth as to enable the corporation to tunnel the

same, such tunnel shall be so built and at all times kept in such

condition as to make the surface of the ground above the same and in the

neighborhood thereof firm and safe for buildings and other erections

thereon, and if surface excavations are made the surface shall be

restored to its former condition as soon as can be done, except so far

as may be actually required for ventilation of the tunnel beneath the

same or access thereto. Such road or any part of it may be built within

the limits of any city or incorporated village of this state, and run by

means of a tunnel underneath any of the streets, roads or public places

thereof, provided such corporation shall, before constructing the same

underneath any such street, road or public place, have obtained the

consent of the owners of one-half in value of the property bounded on

the line of such street, road or public place, and the consent of the

board of trustees of the village, by a resolution adopted at a regular

meeting and entered on the records of the board, or of the proper

authorities of the city having control of such streets, roads or public

places. If the consent of such property owners can not be obtained, the

appellate division of the supreme court in the department in which said

city or village or any part thereof is situated, may upon application

appoint three commissioners, who shall determine, after a hearing of all

parties interested, whether such railroad ought to be built underneath

such streets, roads or public places, or any of them, and in what manner

the same may be so built with the least damage to the surface and to the

use of the surface by the public and the determination of the

commissioners confirmed by the court may be taken in lieu of the consent

of the property owners. All railroad corporations constructing their

road under this section shall be subject to all the provisions of this

chapter applicable thereto. Any other railroad corporation may connect

its road therewith, at such points or places as it may elect, and where

such connections shall be made by connecting roads, the railroad

corporations owning such roads shall build, at their joint expense, and

for their joint use, such passenger and freight depots, and other

accommodations for handling passengers and freight, as may be required

for the convenience of the public. All railroad corporations

constructing any tunnel under the provisions of this section shall be

liable to any person or corporation for all damages which may be

sustained by reason of the construction of such tunnel. Whenever it

shall be necessary in constructing any railroad authorized by this

section through any city or incorporated village, to alter the position

or course of any sewer, or water or gas pipes, it shall be done at the

expense of the railroad corporation under the direction of the

department or corporation having charge thereof, so as not to interfere

with such work. In all cases the use of streets, docks and lands beneath

which such railroad is constructed, and on the route thereof and the

right of way beneath the same, for the purpose of such railroad, shall

be considered, and is hereby declared, a public use, consistent with and

one of the uses for which streets and docks are publicly held. No

public park or square in any city or village of this state shall be used

or occupied by any corporation for any of the purposes of this section,

and every road constructed hereunder in or through any such street or

public place shall be wholly underground and constructed in a tunnel and

not otherwise. But nothing in this section shall operate to revive any

charter or franchise heretofore granted by or in the city of Brooklyn.

This section does not authorize the construction of any bridge over or

across the East or North rivers.

Individual, joint-stock association, or other corporation may

lay down and maintain railroad tracks in certain cases. Any individual,

joint-stock association or corporation, engaged in any lawful business

in this state, may, except in any city of the state, lay down and

maintain such railroad tracks on or across any street or highway, not

exceeding three miles in length, as shall be necessary for the

transaction of its business, and to connect any place of business owned

by them with the track of any railroad corporation, and render such

place of business more accessible to the public, upon obtaining the

written consent of the owners of all the lands bounded on and of the

local authorities having control of that portion of the street or

highway, upon which it is proposed to construct or operate such

railroad. If the consent of such property owners can not be obtained,

the appellate division of the supreme court of the department in which

such railroad is to be constructed, may upon application appoint three

commissioners, who shall determine, after a hearing of all parties

interested, whether such railroad ought to be constructed or operated,

and the amount of damages, if any, to be paid to such property owners,

and their determination confirmed by the court may be taken in lieu of

the consent of the property owners. But no such railroad shall be so

located, graded, built or operated as to interfere with or obstruct the

traveled part of any highway, or its use as a highway, or the use of any

street or highway intersecting the same.

Substituted lines in certain cases. Where a portion of a steam

surface railroad or branch thereof, shall be specifically authorized by

statute to be taken for any other public use, and such portion lies

wholly outside of any city, any corporation owning or operating such

portion may locate, as provided in section sixteen of this article, and

may construct and operate, in substitution for such portion, and with

proper connections with the former line, a new line of steam surface

railroad, wholly or partly in the same or any adjoining county, and

wholly outside of any city, and not exceeding twenty-five miles in

length, in the manner, with the powers and subject to the limitations

and requirements provided in this chapter with respect to steam surface

railroads.

Liability of corporation to employees of contractor. An action

may be maintained against any railroad corporation by any laborer for

the amount due him from any contractor for the construction of any part

of its road, for ninety or any less number of days' labor performed by

him in constructing such road, if within twenty days thereafter a

written notice shall have been served upon the corporation, and the

action shall have been commenced after the expiration of ten days and

within six months after the service of such notice, which shall contain

a statement of the month and particular days upon which the labor was

performed and for which it was unpaid, the price per day, the amount

due, the name of the contractor from whom due, and the section upon

which performed, and shall be signed by the laborer or his attorney and

verified by him to the effect that of his own knowledge the statements

contained in it are true. The notice shall be served by delivering the

same to an engineer, agent or superintendent having charge of the

section of the road, upon which the labor was performed, personally, or

by leaving it at his office or usual place of business with some person

of suitable age or discretion; and if the corporation has no such agent,

engineer or superintendent, or in case he can not be found and has no

place of business open, service may in like manner be made on any

officer or director of the corporation.

Weight of rail. The rail used in the construction or the

relaying of the track of every railroad hereafter built or relaid in

whole or in part shall be of iron or steel, weighing not less than

twenty-five pounds to the lineal yard on narrow-gauge roads, and on all

other roads not less than fifty-six pounds to the lineal yard on grades

of one hundred and ten feet to the mile or under, and not less than

seventy pounds to the lineal yard on grades of over one hundred and ten

feet to the mile, except for turnouts, sidings and switches.

Clearances. Clearance distance between adjacent tracks and

between tracks and adjacent structures or obstructions and between the

top of the rail and any overhead wire, bridge, viaduct or obstruction.

All tracks hereafter constructed or reconstructed by every railroad in

this state shall be laid and maintained so as to provide the following

minimum distance between adjacent tracks and between tracks and adjacent

or overhead structures or obstructions:

1. Twenty-two feet between the top of the rail and any overhead wire,

bridge, viaduct or other obstruction when operating conditions require

men to ride or work on the top of cars, except as hereinafter provided.

Structures constructed, or under construction, prior to the effective

date hereof, including the extension of said structures by the erection

of abutting buildings, may be maintained at existing clearances and

additional tracks may be constructed and existing tracks reconstructed

thereunder at the same clearance.

Overhead clearance above the top of the rail of such tracks located at

the entrance and inside of buildings may be reduced to eighteen feet,

provided that, when an overhead clearance of less than twenty-two feet

exists on tracks inside such buildings, movements of railway equipment

shall be brought to a stop before entering such building. In switching

movements requiring a number of entries, stop shall be required only

upon initial entry.

Clearances provided in this section shall not apply to electric wires

and equipment required over present and future tracks for operation of

trains by electric energy, provided the railroad concerned promulgates

and enforces rules that prohibit any employee from being on top of cars

while being operated under lower clearances than provided for in this

section.

Clearances provided in this section shall not apply to engine houses,

engine house facilities or tipples. These clearances shall not apply to

facilities used for servicing cars, nor for loading or unloading of bulk

commodities, where such compliance is not reasonably practicable.

2. Side clearances from the center line of tangent railroad tracks,

used or proposed to be used for transporting freight cars, except as

hereinafter provided, shall be as provided herein. However, structures,

including platforms and tracks, constructed, or under construction,

prior to the effective date hereof including the extension of said

structures by the erection of abutting buildings, may be maintained and

extended at existing clearances.

All structures and obstructions above the top of the rail except those

hereinafter specifically mentioned are to have a side clearance of not

less than eight feet six inches as measured from the center line of the

track.

Platforms, except platforms adjacent to the main or passing tracks,

four feet or less above the top of the rail may have lesser clearances

than eight feet six inches from the center line of the track on one side

of such tracks only and where a full clearance of eight feet six inches

is maintained on the opposite side of the track or track centers to

adjacent track are not less than fourteen feet.

Platforms four feet six inches or less above the top of the rail when

used principally for loading or unloading refrigerator cars may be

constructed eight feet from the center line of the track.

Platforms previously constructed at less than clearances herein

prescribed may be extended at such lesser clearances unless such

extension is in connection with the reconstruction of an original

platform.

Low passenger platforms not over eight inches above the top of the

rail may be five feet one inch from the center line of track. High

passenger platforms four feet or less above the top of a rail may be

five feet seven inches from the center line of the track.

Side clearances, other than for platforms, on sides only, at entrances

to and inside of buildings shall be not less than eight feet from the

center line of the track.

Switchboxes, switch-operating mechanisms and accessories necessary for

control and operating of signals and interlockers projecting four inches

or less above the top of a rail shall be not less than three feet from

the center line of the track.

The center spindle of signal and switch stands three feet or less

above the top of a rail and located between tracks, where not

practicable to provide clearances otherwise prescribed herein, shall be

not less than six feet from the center line of the track.

Through bridges supporting the track affected, tunnels, water columns

and oil columns shall be not less than eight feet from the center line

of the track, except where special protection is required for unusual

commodities.

Clearances for through bridges supporting the track affected, water

barrel platforms and refuge platforms on bridges and trestles not

provided with walkways, handrails, water barrels, water columns, oil

columns, block signals, cattle guards, and stock chutes, when all

portions thereof are four feet or less above the top of the rail, may be

decreased to an extent defined by a line extending diagonally upward

from a point level with the top of the rail and five feet distant

laterally from the center line of the track to a point four feet above

the top of the rail and eight feet distant laterally from the center

line of the track, provided, however, that the minimum clearance for

handrails and water barrels on bridges with walkways shall be seven feet

nine inches, and, provided further that the minimum clearance for fences

of cattle guards shall be six feet nine inches.

Lesser clearances authorized herein for handrails and water barrels

shall not be applicable to through bridges where work of trainmen or

yardmen requires them to be upon the decks of such bridges for the

purpose of coupling and uncoupling cars in the performance of switching

service on a switching lead.

Side clearances specified herein shall not apply to mail cranes during

such time as the arms of such mail cranes are supporting a mail sack for

delivery, provided the top arm is not then higher than ten feet eight

inches above the top of the rail and neither arm extends within six feet

five inches from the center line of the track.

Icing platforms and supports shall have side clearance of not less

than eight feet.

Operations over portions of track adjacent to icing platforms

heretofore constructed with side clearance of less than eight feet shall

be restricted, except in emergencies, to movement or switching of trains

containing refrigerator cars to be iced, and necessary use of such track

for unloading of supplies required for operation of icing dock.

Side clearances specified herein shall not apply to intertrack fences

located on the center line between tracks.

Clearances provided in this section shall not apply to an engine

house, engine house facilities or tipples, facilities used for servicing

cars, or for loading or unloading of bulk commodities, where such

compliance is not reasonably practicable.

Side clearances specified herein shall not apply to car retarders,

derails, switch point protectors, guard rails and similar appurtenances

projecting three inches or less above the top of the rail.

All minimum side clearances prescribed in this section are for tangent

tracks. Structures adjacent to curve tracks shall have additional

minimum side clearance compensating for curvature.

3. Overhead and side clearance prescribed herein may be decreased to

the extent of a line extending diagonally downward from a point four

feet from the center line of the track twenty-two feet above the top of

the rail to a point eight feet from the center line of the track at

sixteen feet above the top of the rail.

For tracks located at the entrance to and inside buildings with

eighteen feet overhead and eight feet side clearances as prescribed

herein, the overhead and side clearances may be decreased to the extent

of a line extending diagonally downward from a point four feet from the

center line of the track eighteen feet above the top of the rail to a

point eight feet from the center line of the track at fourteen feet

above the top of the rail.

Canopies at one side of a track at freight platforms may be

constructed at not less than four feet from the center line of the track

provided the height of such canopies is at least seventeen feet six

inches above the top of the rail and further provided full clearance of

eight feet six inches is maintained on the opposite side of the track

from the canopy or track centers to adjacent track are not less than

fourteen feet.

Shelters over platforms used for passenger car operation may be

constructed at not less than four feet six inches from the center line

of the tracks, provided the height is not less than fifteen feet above

the top of the rail and provided the railroads promulgate and enforce

rules prohibiting employees from riding on the side of equipment when

standing above car floor height.

4. The minimum distance between the center lines of parallel tracks

shall be not less than thirteen feet six inches for main tracks and not

less than thirteen feet six inches for yard and side tracks except as

hereinafter provided.

The center line of any track, except a main track or a passing track,

parallel and adjacent to a main track or a passing track, shall be at

least fifteen feet from the center line of such main track or passing

track; provided, however, that, where a passing track is adjacent to and

at least fifteen feet distant from a main track, the other track may be

constructed adjacent to such passing track with clearance of not less

than thirteen feet six inches.

The center line of any ladder track, constructed parallel to any other

adjacent track, shall have a clearance of not less than eighteen feet

from the center line of such other track except parallel ladder tracks

shall have a clearance of not less than nineteen feet center line to

center line.

The minimum distance between the center lines of parallel team and

house tracks shall be not less than thirteen feet six inches.

Tracks constructed, or under construction, prior to the effective date

hereof may be extended without increasing distances between tracks.

5. No merchandise, material or other articles shall knowingly be

permitted to remain for an unreasonable time piled or assembled on the

ground or on a platform adjacent to any track at a distance of less than

eight feet six inches from the center line of the track.

Space between tracks ordinarily used by train and yardmen and other

employees as a walkway in discharge of their duties and space beside

such tracks within eight feet six inches of the center line thereof

shall be kept in reasonably suitable condition for such purpose.

6. Except as otherwise provided herein, where the overhead or side

clearances between a track and any building, structure or facility are

less than the minimum prescribed herein, but were created prior to the

effective date hereof, minimum clearances prescribed herein shall be

provided whenever a building, structure or facility is relocated or

reconstructed; however, upon petition, the commissioner of

transportation may grant specific requests for future continuance of

such prior clearances at such reconstructed building, structure or

facility when application therefor has been made as provided herein.

7. Nothing herein shall be construed as restricting the temporary

distribution of materials or the performance of work on, over or

adjacent to tracks, when such distribution or performance is necessary

in the construction or maintenance of facilities or equipment, provided

such distribution and performance shall be carried out within a

reasonable time under conditions reasonably necessary to provide for the

safety of all concerned, including proper notice by train order, message

or bulletin.

If, in any particular case, exemption from any of the requirements

herein is deemed necessary by the railroad concerned, the commissioner

of transportation may grant the application of such railroad for such

exemption when accompanied by a petition setting forth the conditions

existing and the reason why such exemption is asked. Any exemption so

granted will be limited to the particular case covered by the petition.

In connection with any construction under his jurisdiction, the

commissioner of transportation need not comply with this section if in

his judgment such compliance is not feasible and he obtains a written

statement from the railroad concerned that it has no objection to such

noncompliance.

8. Wherever the words "railroads", "railroad tracks", "tracks",

"buildings", "entrances to and inside of buildings", "structures",

"facilities", "platforms", and other similar terms are used herein, they

shall apply not only to property owned by or leased to common carrier

railroads but also to include all privately owned property serviced by

the railroads.

The provisions herein shall not apply to repairs, renewals,

maintenance, extensions, additions, or rearrangements, in substantially

the same location and within the general plan of existing installations,

provided that existing clearances shall not be reduced.

Fences, farm crossings and cattle-guards. Every railroad

corporation, and any lessee or other person in possession of its road,

shall, before the lines of its road are opened for use, and so soon as

it has acquired the right of way for its roadway, erect and thereafter

maintain fences on the sides of its road of height and strength

sufficient to prevent cattle, horses, sheep and hogs from going upon its

road from the adjacent lands, with farm crossings and openings with

gates therein at such farm crossings whenever and wherever reasonably

necessary for the use of the owners and occupants of the adjoining

lands, and shall construct where not already done, and hereafter

maintain, cattle-guards at all road crossings, suitable and sufficient

to prevent cattle, horses, sheep and hogs from going upon its railroad.

So long as such fences and cattle-guards are not made, or are not in

good repair, the corporation, its lessee or other person in possession

of its road, shall be liable for all damages done by their agents or

engines or cars to any domestic animals thereon. When made and in good

repair, they shall not be liable for any such damages, unless

negligently or wilfully done. A sufficient post and wire fence of

requisite height shall be deemed a lawful fence within the provisions of

this section, but barbed wire shall not be used in its construction.

No railroad need be fenced, when not necessary to prevent horses,

cattle, sheep and hogs from going upon its track from the adjoining

lands. Every adjoining land owner, who, or whose grantor, has received

compensation for fencing the line of land taken for a railroad, and has

agreed to build and maintain a lawful fence along such line, shall build

and maintain such fence. If such owner, his heir or assign shall not

build such fence, or if built, shall neglect to maintain the same during

the period of thirty days after he has been notified so to do by the

railroad corporation, such corporation shall thereafter build and

maintain such fence, and may recover of the person neglecting to build

and maintain it the expense thereof. And when such railroad shall cross

timbered or forest lands, the company shall construct and maintain

suitable and sufficient crossings, whenever and wherever reasonably

necessary to enable the respective owners of said lands to transport

logs, timber and lumber for manufacture or sale, or for banking on any

stream, to be floated or driven down the same. In case of any neglect or

dispute the supreme court may by mandamus or other appropriate

proceedings, compel the same, and also fix the point or location of any

such crossing.

As used in this section, the term "farm crossings" shall mean at-grade

rail crossings that are utilized primarily as access to and from

adjoining property which is actively used for farming or agricultural

purposes by the owner or by the tenant of such property.

Fences along road operated by electric third rail.

Notwithstanding the provisions of section fifty-two or of any other law,

general or special, within a city containing a population of over one

million inhabitants according to the last preceding federal census or

state enumeration, every railroad corporation operating a railroad

deriving its motive power in whole or in part from an electrified third

rail shall erect and thereafter maintain a fence or fences along the

boundary line of its right of way contiguous and adjacent to a public

highway running generally parallel to or terminating at such boundary

line whenever the commissioner of transportation after a hearing on

notice to such railroad corporation shall determine it to be necessary

for the public welfare and shall by order so direct. The order of the

commissioner of transportation may prescribe the height, length,

materials and design of such fence or fences.

Fences along right of way. Notwithstanding the provisions of

sections fifty-two, fifty-two-a, or fifty-two-c or of any other law,

general or special, every railroad corporation shall erect and

thereafter maintain a fence or fences along the boundary line of its

right of way whenever the commissioner of transportation after a hearing

on notice to such railroad corporation shall determine it to be

necessary for the public welfare and shall by order so direct. The order

of the commissioner of transportation may prescribe the height, length,

materials and design of such fence or fences.

Fences in Queens county. Notwithstanding the provisions of

section fifty-two or of any other law, general or special, within Queens

county every railroad corporation operating a railroad shall erect and

thereafter maintain a fence or fences along the boundary line of its

right of way contiguous and adjacent to a public highway running

generally parallel to or terminating at such boundary line whenever the

commissioner of transportation after a hearing on notice to such

railroad corporation shall determine it to be necessary for the public

welfare and shall by order so direct. The order of the commissioner of

transportation may prescribe the height, length, materials and design of

such fence or fences.

Debris to be cleared. Every railroad shall maintain and keep

clear of debris the margins alongside their yard tracks used for

switching operations where railroad employees are required to walk in

the course of their duties. Such margins constitute the area between the

ends of the ties and a distance of nine feet on either side of the

center line of any track in any yard. In addition, each railroad shall

keep the area around any switch in any such yard, clear of debris for a

distance of nine feet on either side of the center line of any tracks

wherein any such switch is located. Such debris shall include but not be

limited to used or discarded brake shoes, air hoses, railroad ties, or

portions thereof, parts of railroad cars or locomotives, lumber and oil,

grease or waste of any type. Debris does not include track materials

being placed on or removed from tracks under maintenance or replacement

programs concerning which the railroad has notified its employees of the

presence and location of such materials.

Upon the filing by a recognized railroad labor representative, as

defined by the railway labor act, of a written, verified complaint with

the railroad superintendent of the division involved and with the

department of transportation, designating the nature of the debris and

the particular area or location where any of the above described debris

has existed for a period of at least seventy-two hours. Upon receipt of

such verified complaint the superintendent of the division shall advise

the complainant as well as the department of transportation within ten

days as to the specific remedies or actions said superintendent intends

to take to resolve the complaint. If the superintendent takes issue or

disagrees with the verified complaint filed by the designated railroad

labor representative he shall within ten days so notify said

representative and the department of transportation. The department of

transportation shall be allowed a period of fifteen days to determine

the veracity of said complaint. If the complaint proves to be correct as

verified by the department of transportation inspector the department of

transportation shall then issue appropriate orders to the railroad

specifying that the conditions be rectified within ten days. At the end

of the tenth day if the conditions still persist the department of

transportation shall be empowered to fine the railroad the sum of fifty

dollars per day until such time as the complaint has been rectified.

Penalties for littering. 1. No person shall throw, dump, or

cause to be thrown, dumped, deposited or placed upon any railroad or

subway tracks, or within the limits of the right of way of any railroad

or subway, any refuse, trash, garbage, rubbish, litter or any nauseous

or offensive matter. For purposes of this section, the term "subway"

shall mean all rail rapid transit systems operated by the New York city

transit authority including but not limited to track and track beds,

passenger stations, tunnels, elevated structures, yards, depots and

shops.

2. Where a highway or road lies in whole or part within a railroad

right of way, nothing in this section shall be construed as prohibiting

the use in a reasonable manner of ashes, sand, salt or other material

for the purpose of reducing the hazard of, or providing traction on

snow, ice or sleet situated on such highway or road.

3. A violation of the provisions of subdivision one of this section

shall be punishable by a fine not to exceed two hundred fifty dollars

and/or a requirement to perform services for a public or not-for-profit

corporation, association, institution or agency not to exceed eight

hours and for any second or subsequent violation by a fine not to exceed

five hundred dollars and/or a requirement to perform services for a

public or not-for-profit corporation, association, institution or agency

not to exceed eight hours.

4. Fines collected pursuant to subdivision three of this section on

subway tracks or subway rights-of-way shall be deposited to the credit

of the New York subway littering prevention fund established pursuant to

section ninety-seven-uuu of the state finance law, and shall be used by

the New York city transit authority to post signs notifying the public

of the maximum fine for a violation of subdivision one of this section.

Sign boards, flagmen and gates at crossings. 1. Every railroad

corporation shall cause a sign board to be placed, well supported and

constantly maintained, at every crossing where its road is crossed by a

public highway at grade. Such sign board shall be of a shape and design

to be approved by the commissioner of transportation, and shall have

suitable words painted thereon to warn travelers of the existence of

such grade crossing. The commissioner of transportation shall have power

to prescribe the location and elevation of such sign and the words of

warning thereon. The commissioner of transportation may dispense with

the use of such sign boards at such crossings as he may designate in

cities and villages. At any point where a steam or electric railroad

operating upon private right of way crosses a street, highway, turnpike,

plankroad, or traveled way at grade, the corporation owning or operating

such steam or electric railroad must upon order of the commissioner of

transportation station a flagman, erect gates to be opened and closed

when an engine or train passes, or provide other means of protection,

and where a steam railroad crosses a street railroad at grade, and the

corporation owning or operating such railroad refuses to station a

flagman, erect gates, to be opened and closed when an engine or train

passes, the commissioner of transportation may, upon application, order

that a flagman be stationed at such point, or that gates shall be

erected thereat, and that a person be stationed to open and close them

when an engine or train passes, or may make such other order respecting

the same as he deems proper.

2. Whenever the crossing by a railroad at grade of the streets,

highways, turnpikes, plank-roads or traveled ways of any village or

city, having a population by the last state or federal enumeration of

less than fifty thousand, shall be protected by gates with persons to

open and close the same or by any type of automatic protection, when an

engine or train passes, the local authorities of the city or village

shall not impose any limitation, less than forty miles an hour, on the

rate of speed at which such engine or train shall be run, or enforce any

existing limitation upon such rate of speed, less than forty miles an

hour.

Warning signs. Every municipality or political subdivision, or

in case of state highways the department of transportation, which is

charged with the duty of maintaining a highway at places where such

highway crosses a railroad at grade, shall install and maintain an

approach warning sign in each such highway on each side of each railroad

grade crossing. In case of the failure or refusal of any such

municipality or political subdivision or railroad company to install or

furnish such signs as herein provided the commissioner of transportation

shall take proceedings to compel obedience to the provisions of this

section by the municipality or political subdivision or by the railroad

company. The supreme court at a special term upon a special proceeding

brought by the commissioner of transportation shall have the power in

all cases to compel compliance with the provisions of this section

subject to appeal to the appellate division of the supreme court and the

court of appeals in the same manner and with like effect as is provided

in case of appeals from a judgment of the supreme court.

Where physical conditions at any grade crossing are such that the

commissioner of transportation deems it impracticable to place such

approach warning signs, such commissioner of transportation may by order

release the municipality or other political subdivision or the

department of transportation from the obligation of installing and

maintaining such signs and may by order direct other suitable warning

signs to be furnished by the railroad company and installed and

maintained by the municipality. The erection and maintenance of any sign

or signs other than said approach warning signs may be prohibited by any

such municipality, political subdivision or department of transportation

in any highway between any such approach warning sign and any such

crossing, or in any location where the warning sign may be obscured from

view by the presence of such other sign or signs.

The design, location, and manner of installation of such signs shall

conform to the manual and specifications for a uniform system of

traffic-control devices adopted by the department of transportation.

It shall be the duty of the driver of any vehicle using such street or

highway and crossing to reduce speed to a safe limit upon passing such

sign and to proceed cautiously and carefully with the vehicle under

complete control.

The commissioner of transportation may require the railroad company or

municipality or political subdivision which is charged with the duty of

maintaining the highway wherever practicable to maintain its property at

or near such grade crossing free of obstruction to vision.

Provided, however, any approach warning sign, maintained pursuant to

this section, installed prior to the time this act takes effect may

continue as and shall be deemed a lawful approach warning sign for the

purposes of applying the provisions of this section.

Ringing bells and blowing whistles at crossings. A person

acting as engineer, driving a locomotive on any railway in this state,

who fails to ring the bell, or sound the whistle, upon such locomotive,

or cause the same to be rung or sounded, at least eighty rods from any

place where such railway crosses a traveled road or street on the same

level, except in cities, or to continue the ringing of such bell or

sounding such whistle at intervals, until such locomotive and the train

to which the locomotive is attached shall have completely crossed such

road or street is guilty of a misdemeanor.

Obstructing farm and highway crossings. Any officer or

employee of a railroad corporation who shall intentionally obstruct, and

any owner, officer or employee of a railroad corporation who shall

intentionally cause to be obstructed any farm or highway crossing with

any locomotive, train or car for a longer period than five consecutive

minutes is guilty of a violation which shall be punishable by a fine of

not more than one hundred dollars or imprisonment for not more than

fifteen days or by both such fine and imprisonment. Notwithstanding the

foregoing provisions of this section or any local ordinance to the

contrary, no owner, officer or employee of a railroad corporation who

obstructs, or causes to be obstructed, any farm or highway crossing

shall be subject to any civil, criminal or other penalty where such

person has no control over the situation causing the obstruction or

where the locomotive, train or car cannot be moved without endangering

the safety of the passengers, the public or freight.

53-d. Unlawful propulsion of a missile at railroad trains. A person is

guilty of unlawful propulsion of a missile at a railroad train where he

willfully with intent to cause personal injury or property damage

throws, shoots or propels a rock, stone, brick, or piece of iron, steel

or other metal or any deadly or dangerous missile or fire bomb at any

locomotive or car of a train which is occupied by any person or persons.

Unlawful propulsion of a missile at a railroad train is a violation;

provided, however, that such classification shall not apply in any case

where an offense having a higher classification for the purpose of

sentence, is charged under any other provision of law.

Unlawful interference with a railroad train. A person is

guilty of unlawful interference with a railroad train when he wilfully

with intent to disrupt, delay, or disturb service, places, causes to be

placed, drops, or positions an object or objects of any kind, on, under,

or upon the tracks which does or could cause physical damage to railroad

equipment or property or physical injury to passengers or both.

Unlawful interference with a railroad train is a class D felony;

provided, however, that such classification shall not apply in any case

in which an offense having a higher classification for the purpose of

sentence is charged under any other provision of law.

Joint inspection of traffic-control signals interconnected

with highway-rail at-grade crossing warning systems. 1. Notwithstanding

the provisions of any other law to the contrary, the commissioner is

authorized to establish, implement, and exercise oversight over a

program to coordinate the inspection of traffic-control signals

interconnected with highway-rail at-grade crossing warning systems.

2. Pursuant to the program established under subdivision one of this

section, the department of transportation shall establish a procedure

applicable to every railroad corporation and each municipality having

jurisdiction of a highway on which there is an at-grade rail crossing

warning system interconnected with a traffic-control signal for the

coordinated operation and biennial inspection of any traffic-control

signal interconnected with a highway-rail at-grade crossing warning

system. Nothing in this section shall be deemed to alter or impair such

railroad corporation's existing responsibility for maintenance of, and

access to, the highway-rail at-grade crossing warning system.

3. For the purposes of this section, the term "traffic-control signal"

shall have the same meaning as such term is defined by section one

hundred fifty-four of the vehicle and traffic law.

Notice of starting trains; no preferences. Every railroad

corporation shall start and run its cars for the transportation of

passengers and property at regular times, to be fixed by public notice,

and shall furnish sufficient accommodations for the transportation of

all passengers and property which shall be offered for transportation at

the place of starting, within a reasonable time previously thereto, and

at the junctions of other railroads, and at the usual stopping places

established for receiving and discharging way passengers and freight for

that train; and shall take, transport and discharge such passengers and

property at, from and to such places, on the due payment of the fare or

freight legally authorized therefor. No station established by any

railroad corporation for the reception or delivery of passengers or

property, or both, shall be discontinued without the consent of the

commissioner of transportation first had and obtained. No preference for

the transaction of the business of a common carrier upon its cars, or in

its depots or buildings, or upon its grounds, shall be granted by any

railroad corporation to any one of two or more persons, associations or

corporations competing in the same business, or in the business of

transporting property for themselves or others. Any such station in an

incorporated village shall have the same name as the village; if any

road shall have more than one such station in any such village the

station nearest the geographical center thereof shall have such name.

Names of stations may be changed on the petition of any person

interested with the consent of the commissioner of transportation. If

the name of any station has been heretofore changed by the railroad

company, the commissioner of transportation may restore the name changed

or make such change therein as the circumstances require.

Communication. 1. No class 1 or class 2 railroad common

carrier or rail passenger carrier shall perform or cause to be performed

any transportation service without ensuring that there is operable

communication among all members of the train crew, between the train

crew and crews of other trains, and between the train crew and wayside

personnel.

2. Nothing in this section shall be construed to prohibit a train from

continuing to its destination in the event of a failure of the

communication equipment after departure from its point of origin.

3. The commissioner of transportation shall review the state of the

art of railroad transportation communication from time to time and shall

conduct periodic inspections of the rail carriers subject to this

section to ensure compliance with the provisions of this section.

Accommodation of connecting roads. Every railroad corporation

whose road, at or near the same place, connects with or is intersected

by two or more railroads competing for its business, shall fairly and

impartially afford to each of such connecting or intersecting roads

equal terms of accommodation, privileges and facilities in the

transportation of cars, passengers, baggage and freight over and upon

its roads and over and upon their roads, and equal facilities in the

interchange and use of passenger, baggage, freight and other cars

required to accommodate the business of each road, and in furnishing

passage tickets to passengers who may desire to make a continuous trip

over any part of its roads and either of such connecting roads. The

commissioner of transportation may, upon application of the corporation

owning or operating either of the connecting or intersecting roads, and

upon fourteen days' notice to the corporation owning or operating the

other road, prescribe such regulations as will secure, in its judgment,

the enjoyment of equal privileges, accommodations and facilities to such

connecting or intersecting roads as may be required to accommodate the

business of each road, and the terms and conditions upon which the same

shall be afforded to each road. The decision of the commissioner of

transportation shall be binding on the parties for two years, and the

supreme court shall have power to compel the performance thereof in an

action or special proceeding, by injunction or otherwise.

Locomotives must stop at grade crossings. All trains and

locomotives on railroads crossing each other at grade shall come to a

full stop before crossing, not less than two hundred nor more than eight

hundred feet from the crossing, and shall then cross only when the way

is clear and upon a signal from a watchman stationed at the crossing. If

the corporations cannot agree as to the expense of the watchman, it

shall be determined by the commissioner of transportation upon

application thereto by either of them. If the corporations disagree as

to the precedence of trains the commissioner of transportation may,

after hearing, upon the application of either corporation, prescribe

rules in relation thereto. The full stop and crossing on signal may be

discontinued if the commissioner of transportation shall decide it to be

impracticable, or if, with the approval of the commissioner of

transportation, an interlocking switch and signal apparatus is adopted

and put in operation at such a crossing. The full stop and crossing on

signal shall not be required in depot yards, or the approaches thereto,

if the crossing roads are under lease or subject to the same management

or control in the use of tracks. An engineer, violating the foregoing

provisions of this section, or any such rule of the commissioner of

transportation, shall be liable to a penalty of one hundred dollars; and

any corporation or person operating the railroad, violating any of such

provisions or rules, shall be liable to a penalty of five hundred

dollars. The commissioner of transportation may, whenever in his

judgment the public safety requires the erection of interlocking switch

and signal devices at points where steam and street surface railroads

intersect at grade, direct the erection of such devices and apportion

the expense of construction, operating and maintenance thereof between

the companies affected thereby. No railroad corporation, nor any

officer, agent or employee thereof, shall stop its cars, horses, or

locomotives upon a grade crossing of a railroad of another corporation,

for the purpose of receiving or delivering passengers or freight, or

other purpose, and any person or corporation violating this provision,

shall be liable to a penalty of two hundred and fifty dollars.

Rates of fare. Subject to the provisions of the transportation

law, every railroad corporation may fix and collect the following rates

of fare as compensation to be paid for transporting any passenger and

his baggage, not exceeding one hundred and fifty pounds in weight, for

each mile or fraction of a mile:

1. Where the motive power is rope or cable, propelled by stationary

power, five cents, with right to a minimum fare of ten cents; but if the

railroad is less than two miles in length, and overcomes an elevation of

five hundred feet or more to the mile, five cents for each one hundred

feet of elevation so overcome, and the same rates of fare if the motive

power is locomotives, furnished with cogs working into cogs on the

railroad, and the length of road does not exceed four miles.

2. If a road not incorporated prior to May fifteenth, eighteen hundred

and seventy-nine, and not located in the counties of New York and Kings,

or within the limits of any incorporated city, and not more than

twenty-five miles in length, five cents; if over twenty-five and not

more than forty miles, four cents; and if over forty miles, three cents.

Where by the laying down of a third rail upon a railroad of the ordinary

gauge, a narrow-gauge track is created and used for the transportation

of passengers, and the length of road does not exceed six miles,

including any connecting road of the same gauge, such railroad, for the

purpose of fare, shall be deemed a narrow-gauge road.

3. If its railroad overcomes an elevation of two hundred feet to the

mile, for at least two consecutive miles, and does not exceed twenty

miles in length, ten cents; if it overcomes an elevation exceeding three

hundred feet to the mile, within a distance of two miles, five cents for

each one hundred feet of elevation; and where it overcomes an elevation

of more than one thousand feet, within a distance of two miles, seven

cents for each one hundred feet of elevation in a mile.

4. If the line of its road does not exceed fifteen miles in length,

and does not enter or traverse the limits of any incorporated city, and

the distance traveled thereon by the passenger does not exceed one mile,

five cents.

5. In all other cases, three cents for every such mile or fraction

thereof, with a right to a minimum single fare of not less than five

cents.

This chapter shall not be construed to allow any rate of fare for way

passengers greater than two cents per mile to be charged or taken over

the track or tracks of the railroad known as the New York Central

Railroad Company, and the rate of fare for way passengers over the track

or tracks of such company shall continue to be two cents per mile and no

more, wherever it is restricted to that rate of fare, nor shall any

consolidated railroad corporation charge a higher rate of fare per

passenger per mile upon any part or portion of the consolidated line

than was allowed by law to be charged by each existing corporation

thereon previous to such consolidation.

A steam or electric railroad corporation having a franchise

from this state, operating to and from stations within a city of over a

million inhabitants, and owned, controlled or operated by a railroad

corporation having a franchise from another state, shall not charge a

rate per mile within such city in excess of the rates charged for

similar service from such city to stations in an adjacent state, by such

railroad corporation having a franchise from another state, whether over

its own tracks or under an agreement with another railroad corporation.

The penalty and remedy provided by section fifty-nine of this chapter

shall be applicable to a failure to comply with the provisions of this

section, and such remedy may be pursued and such penalty may be

recovered by a person who shall have paid any such excess rate of fare.

Excess charge when fare paid on cars. It shall be lawful for any

company owning or operating a steam railroad in this state, to demand

and collect an excess charge of ten cents over the regular or

established rate of fare, from any passenger who pays fare in the car in

which he may have taken passage, except where such passage is wholly

within the limits of any incorporated city in this state, provided,

however, that it shall be the duty of such company to give to any

passenger paying such excess a receipt or other evidence of such

payment, which shall legibly state that it entitles the holder thereof

to have such excess charge refunded, upon the delivery of the same at

any ticket office of said company, upon the line of their railroad, and

said company shall refund the same upon demand; provided, however, that

it shall be unlawful for any company owning or operating a railroad

whether operated by steam, electricity or other motor power to demand or

collect any excess charge from any passenger taking passage from a

station or stopping place where tickets can not be purchased during half

an hour previous to the schedule time for the departure of said train,

or car on which such passengers take passage.

Penalty for excessive fare. Any railroad corporation, which

shall ask or receive more than the lawful rate of fare, unless such

overcharge was made through inadvertence or mistake, not amounting to

gross negligence, shall forfeit fifty dollars, to be recovered with the

excess so received by the party paying the same; but no action can be

maintained therefor, unless commenced within one year after the cause of

action accrued.

Issue and use of mileage books. Every railroad corporation

operating a railroad in this state, the line or lines of which are more

than one hundred miles in length, and which is authorized by law to

charge a maximum fare of more than two cents per mile, and not more than

three cents per mile, and which does charge a maximum fare of more than

two cents per mile, shall issue mileage books having either five hundred

or one thousand coupons attached thereto, entitling the holder thereof,

upon complying with the conditions hereof, to travel either five hundred

or one thousand miles on the line or lines of such railroad, for which

the corporation may charge a sum not to exceed two cents per mile. Such

mileage books shall be kept for sale by such corporation at every ticket

office of such corporation in an incorporated village or city, and any

of such books shall be issued immediately upon application therefor.

Upon presentation of such mileage book to a conductor on any train, on

any line of railroad owned or operated by said railroad corporation, the

holder thereof, or any member of his family or firm, or any salesman of

his firm, shall be entitled to travel for a number of miles equal to the

number of coupons detached by such conductor. Such mileage book shall

entitle the holder thereof to the same rights and privileges in respect

to the transportation of person and property to which the highest class

ticket issued by such corporation would entitle him. Such mileage books

shall be good until all coupons attached thereto have been used. Any

railroad corporation which shall refuse to issue a mileage book, as

provided by this section, or in violation hereof, to accept such mileage

book for transportation, shall forfeit fifty dollars, to be recovered by

the party to whom such refusal is made; but no action can be maintained

therefor unless commenced within one year after the cause of action

accrues.

Passenger refusing to pay fare may be ejected. If any passenger

shall refuse to pay his fare the conductor of the train, and the

servants of the corporation, may put him and his baggage out of the

cars, using no unnecessary force, on stopping the train, at any usual

stopping place, or near any dwelling house, as the conductor may elect.

Sounding of certain signals on railroad cars by unauthorized

persons. A person who shall ring or sound a signal bell or device for

starting or stopping a passenger car, of a street or other surface

railroad, or subway or elevated railroad, while such car is in use for

the transportation of passengers, unless such person be the conductor of

the car or a person employed to operate the car, or unless the bell or

device so rung or sounded be one expressly provided for direct use by

passengers in stopping the car, is guilty of a misdemeanor and

punishable by a fine of not exceeding twenty-five dollars.

Sleeping and parlor cars. Any railroad corporation may contract

with any person, association or corporation for the hauling by the

special or regular trains of said railroad corporation, the parlor,

drawing-room or sleeping car or cars of such person, association or

corporation, in which extra accommodations shall be furnished, for which

said person, association or corporation furnishing such parlor,

drawing-room or sleeping car or cars, may charge for the carriage and

transportation of persons and property therein, a reasonable

compensation for such extra accommodation, in addition to the fare and

charges now allowed by law for the carriage and transportation of

passengers and property in the ordinary cars of said railroad

corporation. But said railroad corporation so contracting shall be

liable in the same way and to the same extent as if the said car or cars

were owned by it, and shall furnish sufficient ordinary cars for the

reasonable accommodation of the traveling public.

Persons employed as drivers, conductors, motormen or gripmen.

Any railroad corporation may employ any inhabitant of the state, of the

age of twenty-one years, not addicted to the use of intoxicating

liquors, as a car driver, conductor, motorman or gripman, or in any

other capacity, if fit and competent therefor. All applicants for

positions as motormen or gripmen on any street surface railroad in this

state shall be subjected to a thorough examination by the officers of

the corporation as to their habits, physical ability and intelligence.

If this examination is satisfactory, the applicant shall be placed in

the shop or power house where he can be made familiar with the power and

machinery he is about to control. He shall then be placed on a car with

an instructor, and when the latter is satisfied as to the applicant's

capability for the position of motorman or gripman, he shall so certify

to the officers of the company, and, if appointed, the applicant shall

first serve on the lines of least travel. Any violation of the

provisions of this section shall be a misdemeanor.

* § 63-a. Minimum crew size. 1. Except as otherwise provided in

subdivision two of this section, no person operating or controlling any

Class I or Class II railroad shall allow the operation of any railroad

train or locomotive for the movement of hazardous material in this state

unless such railroad train or locomotive has a crew of not less than two

individuals.

2. The provisions of subdivision one of this section shall not apply

to a railroad train or locomotive engaged in switching service.

3. As used in this section, the following terms shall have the

following meanings:

(a) "Class I railroad" means a railroad that has been classified as a

Class I railroad by the federal surface transportation board in

accordance with 49 C.F.R. part 1201 section 1-1.

(b) "Class II railroad" means a railroad that has been classified as a

Class II railroad by the federal surface transportation board in

accordance with 49 C.F.R. part 1201 section 1-1.

(c) "Locomotive" means a self-propelled piece of on-track equipment

designed for moving or propelling cars that are designed to carry

freight, passengers, or other equipment, but which itself is not

designed or intended to carry freight, passengers (other than those

operating the locomotive) or other equipment.

(d) "Railroad" means a commercial entity that operates locomotives to

transport passengers or freight.

(e) "Switching service" means the classification of rail cars

according to commodity or destination; assembly of rail cars for train

movements; changing the position of rail cars for purposes of loading,

unloading or weighing; placing of locomotives and rail cars for repair

or storage; or moving of rail equipment in connection with work service

that does not constitute train movement.

(f) "Train" means one or more locomotives, coupled with or without

cars.

(g) "Hazardous material" means material designated as hazardous by the

United States secretary of transportation pursuant to subsection (a) of

section fifty-one hundred three of title forty-nine of the United States

code.

4. A violation of the provisions of subdivision one of this section

shall be punishable by a civil penalty in an amount of not less than two

hundred fifty dollars nor more than one thousand dollars for a first

violation; for a second violation both of which were committed within a

period of three years by a civil penalty of not less than one thousand

dollars nor more than five thousand dollars; and for a third or

subsequent violation all of which were committed within a period of

three years, by a civil penalty of not less than five thousand dollars

nor more than ten thousand dollars.

* NB Repealed upon certain provisions (see chapter 707 of 2023 § 3)

Injuries to employees. In all actions against a railroad

corporation, foreign or domestic, doing business in this state, or

against a receiver thereof, for personal injury to, or death resulting

from personal injury of any person, while in the employment of such

corporation, or receiver, arising from the negligence of such

corporation or receiver or of any of its or his officers or employees,

every employee, or his legal representatives, shall have the same rights

and remedies for an injury, or for death, suffered by him, from the act

or omission of such corporation or receiver or of its or his officers or

employees, as are now allowed by law, and, in addition to the liability

now existing by law, it shall be held in such actions that persons

engaged in the service of any railroad corporation, foreign or domestic,

doing business in this state, or in the service of a receiver thereof,

who are intrusted by such corporation or receiver, with the authority of

superintendence, control or command of other persons in the employment

of such corporation or receiver, or with the authority to direct or

control any other employee in the performance of the duty of such

employee, or who have, as a part of their duty, for the time being,

physical control or direction of the movement of a signal, switch,

locomotive engine, car, train or telegraph office, are vice-principals

of such corporation or receiver, and are not fellow-servants of such

injured or deceased employee. If an employee, engaged in the service of

any such railroad corporation, or of a receiver thereof, shall receive

any injury by reason of any defect in the condition of the ways, works,

machinery, plant, tools or implements, or of any car, train, locomotive

or attachment thereto belonging, owned or operated, or being run and

operated by such corporation or receiver, when such defect could have

been discovered by such corporation or receiver, by reasonable and

proper care, tests or inspection, such corporation or receiver shall be

deemed to have had knowledge of such defect before and at the time such

injury is sustained; and when the fact of such defect shall be proved

upon the trial of any action in the courts of this state, brought by

such employee or his legal representatives, against any such railroad

corporation or receiver, on account of such injuries so received, the

same shall be prima facie evidence of negligence on the part of such

corporation or receiver. This section shall not affect actions or causes

of action existing on May twenty-ninth, nineteen hundred and six; and no

contract, receipt, rule or regulation, between an employee and a

railroad corporation or receiver, shall exempt or limit the liability of

such corporation or receiver from the provisions of this section.

Conductors and employees must wear badges. Every conductor and

employee of a railroad corporation employed on a passenger train, or at

stations for passengers, shall wear upon his hat or cap a badge, which

shall indicate his office or employment, and the initial letters of the

corporation employing him. No conductor or collector without such badge

shall demand or receive from any passenger any fare or ticket or

exercise any of the powers of his employment. No officer or employee

without such badge shall meddle or interfere with any passenger, his

baggage or property.

Checks for baggage. A check, made of some proper substance of

convenient size and form, plainly stamped with numbers, and furnished

with a convenient strap or other appendage for attaching to baggage,

shall be affixed to every piece or parcel of baggage when taken for

transportation for a passenger by the agent or employee of such

corporation, if there is a handle, loop or fixture therefor upon the

piece or parcel of baggage, and a duplicate thereof given to the

passenger or person delivering the same to him. If such check be

refused on demand the corporation shall pay to the passenger the sum of

ten dollars, and no fare shall be collected or received from him; and if

he shall have paid his fare it shall be refunded to him by the conductor

in charge of the train. Such baggage shall be delivered, without

unnecessary delay, to the passenger or any person acting in his behalf,

at the place to which it was to be transported, where the cars usually

stop, or at any other regular intermediate stopping place upon notice to

the baggage-master in charge of baggage on the train of not less than

thirty minutes, upon presentation of such duplicate check to the officer

or agent of the railroad corporation, or of any corporation, over any

portion of whose road it was transported. Bicycles are hereby declared

to be and be deemed baggage for the purposes of this article and shall

be transported as baggage for passengers by railroad corporations and

subject to the same liabilities, and no such passenger shall be required

to crate, cover or otherwise protect any such bicycle; provided,

however, that a railroad corporation shall not be required to transport,

under the provisions of this section, more than one bicycle for a single

person.

Penalties for injuries to baggage. Any person whose duty it is

for or on behalf of the common carrier to handle, remove, or care for

the baggage of passengers, who shall recklessly or wilfully injure or

destroy any trunk, valise, box, bag, package or parcel, while loading,

unloading, transporting, delivering or storing the same, or any railroad

corporation, which shall knowingly keep in its employment any such

wilful or reckless person, or which shall permit any injury or

destruction of such property, through failure to provide sufficient help

and facilities for the handling thereof, shall pay to the party injured

thereby the sum of fifty dollars, in addition to such damages.

Unclaimed freight and baggage. Every railroad or other

transportation corporation, doing business in this state, which shall

have unclaimed freight or baggage, not live stock or perishable, in its

possession for the period of sixty days, may deliver the same to any

warehouse company, or person or persons engaged in the warehouse

business, within this state, and take a warehouse receipt for the

storage thereof. Upon such delivery and upon taking such warehouse

receipt, every such railroad or other transportation corporation shall

be discharged of all liability in respect to any such unclaimed freight

or baggage from and after such delivery. At any time within two years

after such delivery, such railroad or other transportation corporation

shall surrender and transfer such warehouse receipt to the owner of any

such unclaimed freight or baggage upon demand, and upon payment of all

charges and expenses for transportation and storage then due, if any, to

any such railroad or other transportation corporation. In case any such

railroad or other transportation company shall have had unclaimed

freight or baggage, not live stock or perishable, in its possession for

a period of one year and shall not have delivered the same to a

warehouse company or person or persons engaged in the warehouse business

as above provided, then such railroad or other transportation company

may proceed to sell the same at public auction, and out of the proceeds

may retain the charges of transportation, handling and storage of such

unclaimed freight or baggage, and the expenses of advertising and sale

thereof; but no such sale shall be made until the expiration of four

weeks from the first publication of notice of such sale, to be published

weekly in a newspaper published in or nearest the town or city to which

such unclaimed freight or baggage was consigned, or at which it was

directed to be left, and also at the town or city where such sale is to

take place; and said notice shall contain a general description of such

unclaimed freight or baggage, the name of the shipper thereof, if known,

and a statement of the consignment thereof, whether to a designated

consignee or to order, if known, or the place at which the same was to

be left, as near as may be; and the expenses incurred for advertising

shall be a lien upon such unclaimed freight or baggage in a ratable

proportion, according to the value of each article, package or parcel,

if more than one. Such railroad or other transportation company shall

make an entry of the balance of the proceeds of the sale, if any, of the

unclaimed freight or baggage consigned to the same consignee or covered

by each consignment, as near as can be ascertained, and at any time

within five years thereafter, shall refund any surplus so retained to

the owner of such unclaimed freight or baggage, his personal

representatives or assigns, on satisfactory proof of such ownership. In

case such balance shall not be claimed by the rightful owner within five

years after the sale as above specified, then it shall be paid to the

county treasurer, for the use of the county poor of the county where the

sale is made.

Unclaimed live stock and perishable freight or baggage may be sold by

any such railroad or other transportation corporation without notice, as

soon as it can be, upon the best terms that can be obtained. All moneys

arising from the sale of any such unclaimed live stock, perishable

freight or baggage, after deducting therefrom all charges and expenses

for transportation, storage, keeping, commissions for selling the

property, and any amount previously paid for its loss or non-delivery,

shall be deposited by the corporation making such sale with a report

thereof, and proof that the property was live stock or perishable

freight, with the comptroller for the benefit of the general fund of the

state, and shall be held by him in trust for reclamation by the person

or persons entitled to receive the same.

Minimum standards for track inspection and maintenance. In the

case of all tracks over which there are regularly scheduled passenger

movements, and all tracks currently being used for the movement of

freight trains where the maximum authorized speed is in excess of

thirty-five miles per hour, the following regulations requiring track

inspection shall apply to all common carriers by a class one railroad

operating within the state of New York:

1. Track inspection shall be made by a track foreman or equally

qualified employee of the railroad company involved, provided such

employee shall not be required to inspect more than one hundred miles of

track per day.

2. Each railroad shall assign a supervisory employee above the rank of

track foreman to be in charge of the inspection required by these

regulations of all track within the area of his responsibility, which

area shall be clearly designated.

3. Tracks subject to this section shall be inspected not less than

twice each week.

4. All switches shall be inspected on foot at least once each month.

5. If track cars or other vehicles, including off-track vehicles, are

used for twice-weekly inspections, they shall be operated at such speed

as will insure adequate inspection but not in excess of five miles per

hour at all railroad crossings, highway crossings and switches.

6. Inspection of track shall include particular attention to the

detection of unsafe conditions resulting from bad alignment, improper

cross level, faulty gauge, loose ties, broken or missing bolts, and

broken rails and angle bars.

7. In all inspections of highway crossings, particular attention shall

be given to the detection of unsafe conditions resulting from loose

planking or obstructed flangeways.

8. In the monthly on-foot inspection of switches, particular attention

shall be given to the detection of unsafe conditions resulting from open

or defective switch points, loose or missing bolts in heel fillers on

blocking, defective guard rails or frogs. Switches not in "Automatic

Signal" or "Centralized Traffic Control" territory shall be operated at

least once each month to insure that they are in proper working order.

9. Where twice-weekly inspections are required, such inspections shall

not be made on consecutive days.

10. Except in case of emergency, when passenger trains are to be

operated over tracks not subject to this regulation, such tracks shall

be inspected within forty-eight hours prior to the operation of such

trains.

11. When the track inspection reveals improper alignment, improper

cross level, faulty gauge, loose ties, defective switch points, or any

condition which, in the judgment of the individual inspecting the track,

creates an unsafe track condition, he shall take immediate appropriate

action for the safety of operations and report, in writing, to his

superior officer the condition observed and the action taken.

Rights and liabilities as common carriers. Every railroad

corporation doing business in this state shall be a common carrier. Any

one of two or more corporations owning or operating connecting roads,

within this state, or partly within and partly without the state, shall

be liable as a common carrier, for the transportation of passengers or

delivery of freight received by it to be transported by it to any place

on the line of a connecting road; and if it shall become liable to pay

any sum by reason of neglect or misconduct of any other corporation it

may collect the same of the corporation by reason of whose neglect or

misconduct it became liable.

Duties imposed. It shall be the duty of every railroad

corporation operating its road by steam:

1. To lay, in the construction of new and in the renewal of existing

switches, upon freight or passenger main line tracks, switches on the

principle of either the so-called Tyler, Wharton, Lorenz, or split-point

switch, or some other kind of safety switch, which shall prevent the

derailment of a train, when such switch is misplaced or a switch

interlocked with distant signals.

2. To erect and thereafter maintain such suitable warning signals at

every road, bridge, or structure which crosses the railroad above the

tracks, where such warning signals may be necessary, for the protection

of employees on top of cars from injury.

3. To use upon every new freight car, built or purchased for use,

couplers which can be coupled and uncoupled automatically, without the

necessity of having a person guide the link, lift the pin by hand, or go

between the ends of the cars.

4. To attach to every car used for passenger transportation an

automatic air-brake or other form of safety-power brake, applied from

the locomotive, excepting cars attached to freight trains, the schedule

rate of speed of which does not exceed twenty miles an hour.

5. To provide each closed car in use in every passenger train owned or

regularly used upon a railroad, with such tools as the commissioner of

transportation may require, to be placed where directed by the

commissioner.

6. To provide, in each passenger car, where the line of road shall

exceed forty continuous miles in length, a suitable receptacle for

water, with a cup or drinking utensil attached upon or near such

receptacle, and to keep such receptacle, while the car is in use,

constantly supplied with cool water.

Every corporation, person or persons, operating such railroad, and

violating any of the provisions of this section, except subdivision six,

shall be liable to a penalty of one hundred dollars for each offense,

and the further penalty of ten dollars for each day that it shall omit

or neglect to comply with any of such provisions. For every violation of

the provisions of the sixth subdivision of this section every such

corporation shall be liable to a penalty of twenty-five dollars for each

offense.

Reflective whistle signs. 1. It shall be the duty of every

class one railroad operating in the state of New York to install a

retro-reflective whistle sign at the approach to each rail highway grade

crossing. Such whistle sign shall be sheeted with a retro-reflective

material as specified by the commissioner of transportation.

2. Defacing, damaging or unauthorized removal of a reflective whistle

sign is prohibited and each separate violation of the provisions of this

section shall be punishable by a fine of not less than one hundred

dollars nor more than five hundred dollars.

Inspection of locomotives. It shall be the duty of every

railroad corporation which operates a railroad not exceeding fifty miles

in length by steam power or any other form of energy, within this state,

and of any other corporation (except a railroad corporation),

partnership or person owning or operating a locomotive or locomotives

propelled by steam, or any other form of energy, which may at any time

pass over or on the tracks of any railroad corporation within the state

or over or on any track parallel to and immediately adjacent to any

track of any railroad corporation within the state, and of the

directors, managers or superintendents of such corporations, to cause

thorough inspections to be made of the safety appliances, machinery, and

all appurtenances thereto of all the locomotives which may be owned or

operated by such corporations, partnerships or persons within this

state. Such inspections shall be made at least every thirty days under

the direction and superintendence of said corporations, partnerships or

persons, by persons of suitable qualifications and attainments to

perform the services required of inspectors of boilers and other

locomotive equipment, and who from their knowledge of the construction

and use of boilers and other locomotive equipment, and the appurtenances

therewith connected, are able to form a reliable opinion of the

strength, form, workmanship and suitableness of boilers and other

locomotive equipment, to be employed without hazard of life, from

imperfections in material, workmanship or arrangement of any part of

such locomotive and appurtenances. All boilers used on such locomotives

shall comply with the following requirements: The boilers must be made

of good and suitable materials; the openings for the passage of water

and steam respectively, and all pipes and tubes exposed to heat shall be

of proper dimensions; the safety valves, fusible plugs, water glasses,

gauge cocks and steam gauges, shall be of such construction, condition

and arrangement that the same may be safely employed in the active

service of said corporations, partnerships or persons without peril to

life; and each inspector shall satisfy himself by thorough examination

that said requirements have been fully complied with. No boiler, nor any

connection therewith, shall be approved which is unsafe in its form, or

dangerous from defects, workmanship or other cause. The person or

persons who shall make the said inspections if he or they approve of the

boiler and other locomotive equipment and the appurtenances thereto

throughout, shall make and subscribe his or their name to a certificate

which may be a duplicate of the certificate required by the federal

railroad administration and which shall contain the number of each

locomotive and boiler inspected, the date of inspection, the condition

of the boiler and other locomotive equipment inspected, and such other

details as may be prescribed by the commissioner of transportation.

Every certificate shall be verified by the oath of the inspector, and he

shall cause such certificate to be filed in the office of the

commissioner of transportation, every January and July, and also a copy

thereof with the chief operating officer or employee of such

corporation, partnership or person having charge of the operation of

such locomotive; a copy shall also be placed by such officer or employee

in a conspicuous place in the cab connected with such locomotive, and

there displayed under a transparent cover. The commissioner of

transportation shall have the power, from time to time, to formulate

rules and regulations for the inspection and testing of locomotives as

aforesaid, and may require the removal of incompetent inspectors of

locomotives under the provisions of this section. If it shall be

ascertained by such inspection and test or otherwise, that any

locomotive is unsafe for use, the same shall not again be used until it

shall be repaired, and made safe, so as to comply with the requirements

of this section. Every such corporation, director, manager or

superintendent, partnership or person violating any of the provisions of

this section shall be liable to a penalty, to be paid to the people of

the state of New York, of one hundred dollars for each offense, and the

further penalty of one hundred dollars for each day it or he shall omit

or neglect to comply with said provisions, and the making or filing of a

false certificate shall be a misdemeanor, and every inspector who

wilfully certifies falsely with respect to any locomotive, or any

appurtenance thereto belonging, or any matter or thing contained or

required to be contained in any certificate, signed and sworn to by him,

shall be guilty of a misdemeanor. The commissioner of transportation

shall enforce the provisions of this section as to penalties.

Inspectors of locomotives. Inspectors shall be appointed by the

commissioner of transportation, who shall be familiar with the

construction and operation of steam locomotives and their appurtenances,

whose salaries shall be fixed by the commissioner of transportation.

They shall, under the direction of the commissioner of transportation,

inspect locomotives used by corporations operating steam railroads

within the state, or locomotives owned or operated by corporations,

partnerships or persons on or over any track adjacent to or parallel

with any track of any railroad corporation within the state, and may

cause the same to be tested by hydrostatic tests and shall perform such

other duties in connection with the inspection and test of locomotives

as the commissioner of transportation shall direct. But this section

shall not relieve any corporation, partnership or person from the duties

imposed by the preceding section.

Care of steam locomotives; steam and water cocks; penalty. It

shall be the duty of every corporation operating a steam railroad,

within this state, and of its directors, managers or superintendents, to

cause the boiler of every locomotive used on such railroad to be washed

out as often as once every thirty days, and to equip each boiler with

and maintain thereon at all times, a water glass, showing the height of

water in the boiler, having two valves or shut-off cocks, one at each

end of such glass, which valves or shut-off cocks shall be so

constructed that they can be easily opened and closed by hand; also to

cause such valves or shut-off cocks and all gauge cocks or try-cocks

attached to the boiler to be removed and cleaned whenever the boiler is

washed out pursuant to the foregoing requirements of this section, also

to keep all steam valves, cocks and joints, studs, bolts and seams in

such repair that they will not at any time emit steam in front of the

engineer, so as to obscure his vision. No locomotive shall hereafter be

driven in this state unless the same is equipped and cared for in

conformity with the provisions of this section; but nothing herein

contained shall be construed to excuse the observance of any other

requirement imposed by this chapter upon railroad corporations, their

directors, officers, managers and superintendents. Every corporation,

person or persons operating a steam railroad and violating any of the

provisions of this section, shall be liable to a penalty of one hundred

dollars for each offense, and the further penalty of ten dollars for

each day that such violation shall continue. The commissioner of

transportation shall enforce the provisions of this section.

commissioner of transportation may approve other safeguards.

The commissioner of transportation may, on the application of any

railroad corporation, authorize it to use any other safeguard or device

approved by the commissioner of transportation, in place of any

safeguard or device hereinbefore required by this article, which shall

thereafter be used in lieu thereof, and the same penalties for neglect

or refusal to use the same shall be incurred and imposed as for a

failure to use the safeguard or device hereinbefore required, in lieu of

which the same is to be used.

Use of stoves or furnaces prohibited; exceptions. It shall not

be lawful for any railroad corporation operating a steam railroad in

this state of the length of fifty miles or more, excepting foreign

railroad corporations incorporated without the jurisdiction of the

United States running cars upon tracks in this state for a distance of

less than thirty miles, to heat its passenger cars on other than mixed

trains, excepting dining cars, by any stove or furnace kept inside the

car or suspended therefrom, unless in case of accident or other

emergency, when it may temporarily use such stove or furnace with

necessary fuel; and in cars which have been equipped with apparatus to

heat by steam, hot water or hot air from the locomotive or from a

special car, the present stove may be retained to be used only when the

car is standing still; and no stove or furnace shall be used in a dining

car except for cooking purposes, and of pattern and kind to be approved

by the commissioner of transportation; provided that passenger cars

propelled by means of gasoline or oil engines may be heated in a manner

to be approved by the commissioner of transportation. This section shall

not be held to affect or interfere with the use by public authorities of

this or other states, or of the United States, of stoves for heating or

cooking or boilers for hatching operations in their fish car or cars.

Any person or corporation violating any of the provisions of this

section shall be liable to a penalty of one thousand dollars, and to the

further penalty of one hundred dollars for each and every day during

which such violation shall continue.

Motor cars and equipment. 1. It shall be unlawful for any

owner or operator of railroad running through or within the boundaries

of the state of New York, and engaged in the business of common carrier

to operate for or transport its employees in a motor car which is not

equipped with a reasonably substantial top for the protection of said

employees from rain, snow, sleet, and hail and also equipped with a

transparent windshield sufficient in width and height to reasonably

protect said employees, and it shall be constructed of safety glass and

such car shall also be equipped with an attached electric headlamp of

sufficient candlepower as to render it visible at a distance of three

hundred feet in advance of such car under ordinary atmospheric

conditions, any obstruction, landmark, warning sign or grade crossing

along such railroad right of way and said car shall also be equipped

with two electric lights on the rear thereof of sufficient candlepower

as to be visible at a distance of three hundred feet under ordinary

atmospheric conditions, and the car shall also be equipped with an

automatic operated windshield wiper so devised that the driver of said

car can start or stop said windshield wiper while he is driving the car.

2. Any violation of the provisions of this act shall be punishable by

a fine of not less than twenty-five dollars, nor more than one hundred

dollars for each offense, and each day or part of a day a car is

operated or furnished not so equipped as provided in subdivision one

hereof, shall constitute a separate offense; provided, however, that any

common carrier that has not been able to equip its rail track motor cars

as required by the provisions of subdivision one, on or before the

effective date of this act can, by applying to the commissioner of

transportation which is hereby authorized to, and upon good cause shown,

grant by order, additional time to any owner or operator of a common

carrier by railroad, in which to equip such cars, not to exceed one year

from the effective date of this section and, when such an order has been

granted by said commissioner of transportation to such carrier, the

provisions of this act penalizing rail carriers who do not so equip

their cars shall not be applicable to those carriers securing such an

order for such additional time in which to so equip their cars during

the period granted to them only by order of the commissioner of

transportation.

Equipment required on motor vehicles transporting railroad

employees; penalty. 1. Every motor vehicle provided by the owner or

operator railroad and used to transport employees shall be equipped with

adequate seating facilities, heating facilities and facilities for

communication between occupants of the front seat of the vehicle and the

occupants in the rear compartment of the vehicle. This requirement shall

not apply to motor vehicles used to transport employees at distances of

less than five miles from their regular assembly point nor in cases of

extreme emergency.

2. If any dispute arises as to the adequacy of the facilities provided

for in this section, it shall be submitted to the commissioner of

transportation for a fair hearing. Notice of the hearing may be given by

mailing the notice of hearing to the owner or operator railroad.

Attendance of witnesses may be compelled by subpoena. If the

commissioner finds that a violation of this section has occurred, he may

forward his findings and recommendations to the commissioner of motor

vehicles.

Equipment of engines. It shall be unlawful for any railroad

company to use within the state on its line or lines any locomotive

engine not equipped with a power driving wheel brake and appliances for

operating the train brake system, or to use any locomotive engine

operated by steam not equipped with a mechanically operated door to the

fire box of such locomotive engine, or to use any locomotive engine not

equipped with a vestibuled cab. Such mechanically operated door shall

be so constructed and operated by steam, compressed air, electricity or

other means, and such vestibuled cab shall be so constructed as deemed

best and most efficient by the officers of such railroad. The device for

operating such door shall be so constructed that it may be operated by

the fireman on said engine by means of a push button or other appliance

located in or near the floor of the deck or floor of the tender at a

suitable distance from such door to enable the fireman while firing such

engine, by pressure with his foot to open such door for the firing of

such engine, and such vestibuled cabs shall be so constructed as to

attach to the sides of, and enclose all openings between the engine cab

and the water tank or coal tender attached to such engine; provided,

however, that nothing in this section shall be construed to inhibit the

passage of a locomotive engine not so equipped with such mechanically

operated door or vestibuled cab, moving under its own steam either with

or without a train, when such movement is from a point without this

state through and to a point beyond its borders, or from a point without

this state to a point within it, or from a point within this state to a

point without it if such passage is for the purpose of moving it to or

from a repair shop or shops for the purpose of repairing such locomotive

engine, and when it is not intended for service within this state.

First-aid equipment on locomotives. It shall be unlawful to

operate a locomotive outside the designated yard limits of any railroad

in the state of New York unless said locomotive shall be equipped with a

first-aid kit containing necessary emergency medical equipment and

supplies.

Said kit shall include as minimum supplies:

1 roll of 1-inch wide gauze bandage -- minimum of 10 yards.

1 roll of 1-inch wide adhesive tape -- minimum of 5 yards.

1 package of absorbent gauze compresses, at least 3 inches by 3 inches

-- minimum of 6 in number.

At least 12 -- 1-inch individual sanitary band aids.

Bottle of iodine or mercurochrome or tincture of methyolate, or an

equivalent antiseptic, minimum of 1 ounce bottle.

Minimum of 2 ounce bottle of smelling salts or six ampoules of spirits

of ammonia.

Minimum of 3 ounce bottle of a standard eye wash preparation, with

necessary eye wash glass.

Jar or tube of white petroleum jelly or unguentine for burns.

All above material shall be packed in a suitable metal box or

container and be sealed.

Items, as used, should be replaced within twenty-four hours by

properly designated railroad personnel and such kit resealed for future

use. It shall be unlawful to remove or use any such first-aid kit, or

any supplies contained in any such kit, for other than first-aid

purposes. Violation of said provisions shall be punishable by a fine of

not more than twenty-five dollars.

Speedometers on certain locomotives. (a) No railroad

locomotive may be operated in excess of thirty miles per hour within the

state without a speedometer functioning correctly within four miles per

hour.

(b) A railroad shall be deemed to be in compliance with the above

provisions if within one year after the first day of October next

succeeding the date on which this statute shall have become a law, it

shall have at least one-third of its locomotives equipped with a

speedometer as hereinabove provided; and if within the following year an

additional one-third of said locomotives shall be so equipped and the

remainder of said locomotives so operated by a railroad shall be in

compliance with the provisions of this statute within one year

thereafter.

(c) Locomotives operated or used exclusively in switching or transfer

service and multiple unit cars shall be exempted from the above

provisions.

(d) Each such railroad shall notify the department of transportation

of the state of New York the date that each such locomotive shall be in

compliance with the provisions of this statute, stating the serial

number or other identification of each such locomotive.

(e) Each railroad affected or covered by the provisions of this

statute shall maintain at a designated location in this state a list or

schedule of the locomotives hereinabove referred to, setting forth,

among other information, the date that the speedometer hereinbefore

referred to shall have been calibrated and functioning in accordance

with the provisions of this statute.

(f) The commissioner of transportation of the state of New York shall

enforce the provisions of this statute and may issue such order or

orders as may be proper to require compliance with the provisions of

this statute.

Sanitary conditions. 1. It shall be the duty of every railroad

corporation which operates a railroad within the state and whose annual

revenue derived exclusively from freight operations is ten million

dollars or more after applying the railroad revenue deflator formula set

forth in title 49 CFR, part 1201, subpart A, section 1-1, to: (a)

provide each locomotive used on such railroad for transportation or

occupancy by railroad crew with potable drinking water; (b) maintain the

toilet facilities provided on locomotives, so equipped, or cabooses, in

those instances in which cabooses are used, in a working and sanitary

condition; and (c) ensure that such toilet facility provides privacy to

the person using such facility.

2. For purposes of this section, the phrase "sanitary conditions"

shall mean a condition of good order and cleanliness.

3. The commissioner of transportation shall enforce the provisions of

this section and may issue such order or orders as may be necessary to

ensure compliance with such provisions.

4. Notice of violation of the provisions of this section shall be made

in verified written complaint by a recognized railroad labor

representative to the railroad superintendent of the division involved,

and a copy filed with the department of transportation. Upon receipt of

the complaint, the superintendent of the division shall advise the

complainant and the department of transportation within five days as to

the specific remedies taken or intended to be taken to resolve the

complaint. If the superintendent disputes the allegations contained in

the complaint, he, within five days of receipt, shall so notify the

complainant and the department of transportation. The department of

transportation shall be allowed a period of fifteen days to determine

the validity of the complaint.

5. If the department finds that the complaint is meritorious, the

department shall issue an appropriate order to the railroad specifying

the conditions to be rectified and the time period in which such action

shall be taken. If the railroad does not comply with the department's

order, the commissioner of transportation shall be empowered to fine the

railroad the sum of one hundred dollars for each day the violation

exists.

Coal jimmies and caboose cars. The use of cars known and

designated as "coal jimmies" in any form and the use of any car as a

caboose unless it shall have a suitable and safe platform at each end

thereof, and the usual railing for the protection of persons using such

platform, shall be unlawful within the state, except upon any railroad

whose main line is less than fifteen miles in length and whose average

grade exceeds two hundred feet to the mile. This section shall not be

construed to authorize the interchange of such "coal jimmies" with, and

the use thereof upon, railroads of more than fifteen miles in length or

whose average grade is less than two hundred feet to the mile.

From and after the first day of July, nineteen hundred and twenty-four

it shall be unlawful for any corporation or individual to man, equip, or

to use within the state on any railroad a caboose car, or car to serve

the purpose of a caboose car, which shall be less than twenty-four feet

in length exclusive of the platform, or which shall have a center

constructive strength less than that of the fifty-ton freight cars built

according to master car builders' standards. Such caboose or other

equivalent car shall be constructed with steel center sills with two

four-wheeled trucks; with each platform not less than twenty-four inches

wide, with proper guard rails, grab irons and steps, which shall be

equipped with a suitable rod, board or other guard designed to prevent

slipping from the car step. Each such car shall have a door at each end

and shall be equipped with four separate sleeping berths not less than

six feet and two inches in length. Each such car shall contain a

properly furnished toilet room, sink, icebox, water cooler, clothing

lockers, fire extinguishers, and with either a cupola of sufficient size

to accommodate at least two men or bay windows. Each such car on every

freight train shall be equipped with electric markers of sufficient

candle power to be visible for a distance of three thousand feet under

normal weather conditions. Flashing type or constant burning markers

shall be deemed a sufficient compliance with the foregoing requirement.

The glass in all windows and doors of each such car shall be

shatterproof. Whenever any caboose or other car used for like purpose

now in use by any such railroad company shall, after this act goes into

effect, be brought into any shop for general repairs it shall be

unlawful to again put the same into use within this state, as a caboose

or other car used for like purpose unless it be equipped as provided in

this act. All cabooses built after January first, nineteen hundred

sixty-five must be of steel construction and equipped with electric

lights.

This section shall not apply to cabooses or other equivalent cars used

in the switching service or on trains operated wholly within twenty-five

miles of yard limits.

Any violation of the provisions of this section shall be a

misdemeanor, punishable by a fine of not less than one hundred dollars

nor more than five hundred dollars for each separate offense. This

penalty is in addition to that provided for in section eighty-one of

this chapter.

Electric or battery-powered markers. 1. Any railroad using a

passenger, mail, work, or wreck train shall equip the last car of each

such train with electric markers of sufficient candle power to be

visible for a distance of three thousand feet under normal weather

conditions. Battery-powered, flashing-type, or constant burning markers

shall be deemed sufficient compliance with the foregoing requirement.

2. If, in any particular case, exemption from any of the requirements

herein is deemed necessary by the railroad concerned, the commissioner

of transportation may grant the application of such railroad, for such

exemption when accompanied by a petition setting forth the conditions

existing and the reason why such exemption is asked. Any exemption so

granted shall be limited to the particular case covered by the petition.

Air-brakes. It shall be unlawful for any railroad or other

company to haul or permit to be hauled or used on its line or lines

within this state any freight train that has not a sufficient number of

cars in it so equipped with continuous power or air-brakes that the

engineer on the locomotive drawing such train can control its speed

without requiring brakemen to use the common hand brake for that

purpose.

Couplers. It shall be unlawful for any railroad or other company

to haul, or permit to be hauled or used, on its line or lines within the

state, any freight car not equipped with couplers of the master car

builders' type, and coupling automatically by impact, and which can be

uncoupled, except in cases of accident, without the necessity of men

going between the ends of the cars.

Violation of sections seventy-seven, seventy-seven-c,

seventy-eight, seventy-nine, and eighty. Any railroad or other company

hauling or permitting to be hauled on its line or lines any train in

violation of any of the provisions of sections seventy-seven,

seventy-seven-c, seventy-eight, seventy-nine, and eighty shall be liable

to a fine of one hundred dollars for each and every violation. Such fine

shall be imposed by the commissioner of transportation and deposited in

the general fund of the state of New York. Imposition of any such fine

shall be subject to judicial review under the provisions of article

seventy-eight of the civil practice law and rules.

Canada thistles to be cut. Every railroad corporation doing

business within this state, shall cause all Canada thistles, white and

yellow daisies and other noxious weeds growing on any lands owned or

occupied by it, to be cut down twice in each and every year, once

between the fifteenth day of June and the twenty-fifth day of June and

once between the fifteenth day of August and the twenty-fifth day of

August. If any such corporation shall neglect to cause the same to be so

cut down, any person may cut the same, between the twenty-fifth day of

June and the fifth day of July inclusive, and between the twenty-fifth

day of August and the fifth day of September inclusive in each year, at

the expense of the corporation on whose lands the same shall be so cut,

at the rate of five dollars per day for the time occupied in cutting.

Riding on platform; walking along track. No railroad corporation

shall be liable for any injury to any passenger while on the platform of

a car, or in any baggage, wood or freight car, in violation of the

printed regulations of the corporation, posted up at the time in a

conspicuous place inside of the passenger cars, then in the train, if

there shall be at the time sufficient room for the proper accommodation

of the passenger inside such passenger cars. No person other than those

connected with or employed upon the railroad shall walk upon or along

its track or tracks, except where the same shall be laid across or along

streets or highways, in which case he shall not walk upon the track

unless necessary to cross the same. Any person riding, leading or

driving any horse or other animal upon any railroad, or within the

fences and guards thereof, other than at a farm or street or forest

crossing, without the consent of the corporation, shall forfeit to the

people of the state the sum of ten dollars, and pay all damages

sustained thereby to the party aggrieved.

Operation of motor vehicles, snowmobiles, recreational

vehicles, and riding of animals on railroad property. Except in the case

of a railroad employee, contractor of the railroad corporation or public

official acting in the performance of his or her duties, no person shall

knowingly operate a motor vehicle, snowmobile, or other recreational

vehicle, including all terrain vehicles and motorcycles, or ride, lead

or drive any horse or other animal upon abandoned railroad property

which is posted to prohibit the operation of any such vehicles or

animals thereupon, or upon or along the track or tracks of an operating

railroad or within the fences or guards thereof, except across or along

streets or highways or at farm or forest crossings where necessary to

cross such tracks or property. A violation of the provisions of this

section shall constitute a violation punishable by a fine of not less

than one hundred dollars nor more than two hundred fifty dollars.

Conviction for a second or subsequent violation of the provisions of

this section shall be punishable by a fine of not less than two hundred

fifty nor more than five hundred dollars.

Trespass upon railroad premises. 1. Any city with a population

of one million or more and the counties of Monroe, Nassau, and Suffolk

are authorized and empowered to adopt or amend a local law or ordinance

designating any portion or portions of property consisting of a

right-of-way or yard of a railroad or rapid transit railroad as a

no-trespass railroad zone and providing for the conspicuous posting

thereof for purposes of establishing criminal liability for trespass

upon such property pursuant to subdivision (g) of section 140.10 of the

penal law.

2. The provisions of sections eighty-three and eighty-three-a of this

article shall not be construed to prohibit or limit the prosecution of

any person for a violation of the provisions of subdivision (g) of

section 140.10 of the penal law.

Corporations may establish ferries. Any steam railroad

corporation, incorporated under the laws of this state, with a terminus

in the harbor of New York, may purchase or lease boats propelled by

steam or otherwise, and operate the same as a ferry or otherwise, over

the waters of the harbor of New York, but this section shall not be

construed to affect the rights of the city of New York.

Certain railroads may cease operation in winter. The directors

of any railroad corporation operating a railroad, constructed and used

principally for transporting lumber or ores, during the summer months,

or for summer travel, may, by a resolution duly passed at a meeting

thereof, apply to the commissioner of transportation for permission to

cease the operation of their road during the winter season, for a period

not exceeding seven months in any one year, specifying the date of such

suspension, and the date of the reopening thereof, and such commissioner

of transportation may, in his discretion, make an order granting the

application wholly or in part, and thereupon such railroad corporation

shall be relieved of the duty of operating its road during the period

specified in the order. A copy of such order shall be posted in all

depots and at the termini of such railroad, and published in every

newspaper in each town in any part of which such road shall be

constructed at least four weeks prior to the date of such suspension.

Certain railroads need not be operated beyond June, July, August

and September. Subject to the permission and approval of the

commissioner of transportation, any corporation, whose railroad is or

shall be not longer than sixteen miles and is or shall be in large part

intended for or used in summer travel for the convenience of summer

sojourners need not operate its road beyond the months of June, July,

August and September, inclusive. The motive power may be electricity. If

the road be not longer than ten miles, such corporation may fix and

collect fare for transporting each passenger, together with ordinary

baggage, if any, not to exceed fifteen cents for each mile and fraction

thereof.

Mails. Any railroad corporation shall, when applied to by the

postmaster-general, convey the mails of the United States on its road,

and in case such corporation and the postmaster-general shall not agree

as to the rate of transportation therefor, and as to the time, rate of

speed, manner and condition of carrying the same, the commissioner of

transportation shall fix the prices, terms and conditions therefor,

after giving the corporation reasonable opportunity to be heard. Such

price shall not be less for carrying such mails in the regular passenger

trains than the amount which such corporation would receive as freight

on a like weight of merchandise transported in their merchandise trains,

and a fair compensation for the post-office car. If the

postmaster-general shall require the mail to be carried at other hours,

or at higher speed than the passenger trains are run, the corporation

shall furnish an extra train for the mail, and be allowed an extra

compensation for the expenses and wear and tear thereof, and for the

service to be fixed as herein provided.

Every railroad corporation refusing or neglecting to comply with any

provision of this section shall forfeit to the people of the state one

hundred dollars for every day such neglect or refusal continues.

When railroads may designate police officers. 1. Upon the

application of any corporation owning or operating a railroad, express

company operating over a railroad, or of any steamboat company, the

superintendent of state police may appoint any person as a police

officer, with all the powers of a police officer in cities and villages,

for the preservation of order and of the public peace, and the arrest of

all persons committing offenses upon the land of or upon property in the

custody of or under the control of such corporation, express company or

steamboat company.

2. Such application shall be in writing, specifying the name, age, and

address of each person for whom an appointment is sought.

3. The corporation, express company or steamboat company making any

such application shall cause the fingerprints of each proposed appointee

to be taken in the form and manner prescribed by the division of

criminal justice services and one set of such fingerprints shall be

forwarded to the division of criminal justice services, and one set to

the federal bureau of investigation. Such fingerprints shall be searched

by each agency against the fingerprint records in its files and be

retained in the files of such agencies.

4. Reports of the results of such searches shall be reviewed by the

superintendent of state police prior to granting an appointment to

determine whether a proposed appointee is thereby shown to have been

convicted of a crime in the state of New York or of any offense in any

other place which if committed in the state of New York would have been

a crime and no person who is determined by such review to have been so

convicted shall receive an appointment under this section.

5. The corporation, express company or steamboat company making

application shall also cause an investigation to be conducted in a

manner satisfactory to the superintendent of state police of the

character, qualifications and fitness of each proposed appointee and

shall transmit to the superintendent of state police a report of the

results of such investigation which shall be reviewed by the

superintendent of state police and no person whom such investigation

shows to be other than of good moral character shall receive an

appointment under this section.

6. No person shall be granted an appointment as a police officer under

this section unless and until the corporation, express company or

steamboat company making application shall certify to the superintendent

of state police that the proposed appointee has had the minimum police

training required for local police officers by the municipal police

training council of the office of local government, executive

department, state of New York, or such equivalent training as may be

specifically approved by the executive director of the municipal police

training council or if the proposed appointee has not had such minimum

training that he will receive the same within twelve months from the

date of any appointment granted under this section.

7. No person shall be granted an appointment as a police officer under

this section unless and until the corporation, express company or

steamboat company making application shall certify to the superintendent

of state police that the proposed appointee has had adequate firearms

training or that before he is issued and/or is permitted to carry

firearms and within six months from the date of any appointment made

under this section, he will receive such training.

8. If any person who has not received the minimum police and/or

firearms training described in subdivisions six and seven of this

section shall be appointed a police officer under this section, the

corporation, express company or steamboat company which made application

for his or her employment shall furnish the superintendent of state

police, within six months of the date of appointment, a certificate

issued by an approved municipal police council training school or its

equivalent as previously described in this section, certifying the

successful completion by the appointee of the minimum training required

and/or shall certify to the superintendent of state police within six

months of the date of appointment that the appointee has received

adequate training in the use of firearms and in the event such

certificate and/or such certification are not furnished the

superintendent of state police within the time prescribed herein, he or

she shall revoke the appointment.

9. The superintendent of state police shall file the certificate of

appointment of any such person in the office of the department of state,

and shall forthwith notify the person appointed, by mail, at the address

specified in the application that the certificate has been so filed.

Each such person shall, within fifteen days after such certificate shall

have been filed, and before entering upon the duties of his office, take

and subscribe the constitutional oath of office, and file it in the

office of the department of state. The home address of the person

appointed shall appear in the certificate of appointment, and whenever

such address is changed the corporation, express company or steamboat

company employing the person appointed shall file with the

superintendent of state police a statement of the new address.

10. No person shall be appointed who is not an American citizen, and

who has not, prior to the time of the filing of the application, filed

in the office of the department of state his or her written consent to

his or her appointment as such police officer.

11. No conductor, brakeman, fireman, engineer or other person actively

engaged in the operation and movement of any train or car or set of cars

shall be eligible for appointment as a police officer.

12. Each person designated to act as such police officer shall receive

a license from the secretary of state and shall not be permitted to

enter upon his or her duties as such police officer until he or she has

actually received such license.

13. Every such police officer shall when on duty wear a metallic

shield with the words "railroad police" or "steamboat police" or

"express police" as the case may be and the name of the corporation,

express company or steamboat company for which appointed inscribed

thereon, which shall always be worn in plain view, except when employed

as a detective.

14. A person appointed police officer under this section shall not,

while the appointment is in force, be employed by or perform any service

for the corporation, express company, or steamboat company, in any other

capacity than that of police officer and he or she shall not be

permitted to exercise the duties or functions of a police officer except

upon the property or in connection with the property connected with or

under the control of the corporation, express company, or steamboat

company, for which he or she has been appointed.

15. The compensation of every such police officer shall be such as may

be agreed upon between him or her and the corporation, express company,

or steamboat company, for which he or she is appointed and shall be paid

by the corporation, express company, or steamboat company.

16. When any such corporation, express company, or steamboat company,

shall no longer require the services of any police officer appointed

under this section it shall file notice to that effect in the office of

the department of state, and thereupon such appointment shall cease and

be at an end.

17. The superintendent of state police may also at pleasure revoke or

suspend the appointment of any such police officer by filing a notice of

suspension or revocation thereof in the office of the department of

state and mailing a notice of such filing to the corporation, express

company or steamboat company for which he or she was appointed, and also

to the person whose appointment is suspended or revoked, at his or her

last home address as the same appears in the certificate of appointment

or the latest statement thereof on file. An appointment suspended by the

superintendent may be restored by him or her upon the filing of a

restoration notice to the department of state, the person suspended, and

his or her employer.

18. If such person thereafter, knowing of such revocation or having in

any manner received notice thereof, exercises or attempts to exercise

any of the powers of a police officer, under this section, he or she

shall be guilty of a misdemeanor; and the filing and mailing of such

notice, as above provided, shall be presumptive evidence that such

person knew of the revocation.

New railroads across streets. All steam surface railroads built

after the first day of July, eighteen hundred and ninety-seven, except

additional switches and sidings, must be so constructed as to avoid all

public crossings at grade, whenever practicable so to do. Whenever

application is made to the commissioner of transportation under section

nine of this chapter there shall be filed with the commissioner of

transportation a map showing the streets, avenues, highways and roads

proposed to be crossed by the new construction, and the commissioner of

transportation shall determine whether such crossings shall be under or

over the proposed railroad, except where the commissioner of

transportation shall determine such method of crossing to be

impracticable. Whenever an application is made under this section to

determine the manner of crossing, the commissioner of transportation

shall designate a time and place when and where a hearing will be given

to such railroad company, and shall notify the municipal corporation

having jurisdiction over the streets, avenues, highways or roads

proposed to be crossed by the new railroad, persons owning land in the

vicinity of the proposed crossing and such other parties deemed by the

commissioner of transportation to be interested in the proceeding. The

commissioner of transportation shall give public notice of such hearing.

Upon such notice and after a hearing, the commissioner of transportation

may determine that alterations or changes may be made in any existing

highway at or in the vicinity of a proposed crossing for the purpose of

avoiding a crossing at grade.

If the commissioner of transportation shall determine that any such

railroad shall be carried across a street, avenue, highway or road below

the grade thereof, said commissioner of transportation shall determine

the height, the length, and the material of the bridge or structure by

means of which such street, avenue, highway or road shall be carried

over such railroad, and the length, character, and grades of the

approaches thereto. If the commissioner of transportation shall

determine that such railroad shall be constructed above the grade of

such street, avenue, highway or road, said commissioner of

transportation shall determine the manner and method in which such

railroad shall be constructed over such street, avenue, highway or road,

and the length, character and grades of the undercrossing approaches. If

the commissioner of transportation shall determine that it is

impracticable to construct such railroad below or above the grade of

such street, avenue, highway or road, said commissioner shall determine

the manner and method in which the same shall be constructed across such

street, avenue, highway or road at grade, and what safeguards shall be

maintained.

The decision of the commissioner of transportation rendered in any

proceedings under this section shall be communicated, after final

hearing, to the railroad company, the municipal corporation and all

other parties who appeared at said hearing by counsel or in person.

New streets across railroads. When a new street, avenue, highway

or road or new portion or additional lane of a street, avenue, highway

or road shall hereafter be constructed across a steam surface railroad,

other than pursuant to section ninety-one, such street, avenue, highway,

or road or new portion or additional lane of a street, avenue, highway

or road, shall pass over or under such railroad whenever such

construction is practicable. Notice of intention to lay out such

street, avenue, highway or road, or such new portion or additional lane

of a street, avenue, highway or road, across a steam surface railroad

shall be given to such railroad corporation by the municipal corporation

at least fifteen days prior to the making of the order laying out such

street, avenue, highway or road or such new portion or additional lane

of a street, avenue, highway or road by service personally on the

president or vice-president of the railroad corporation or any general

officer thereof. Such notice shall designate the time when and place

where a hearing will be given to such railroad corporation, and such

railroad corporation shall have the right to be heard before the

authorities of such municipal corporation upon the question of the

necessity of such street, avenue, highways or road or such new portion

or additional lane of a street, avenue, highway or road on the question

of the location of such highway. If the municipal corporation determines

such street, avenue, highway or road or such new portion or additional

lane of a street, avenue, highway or road to be necessary, such

municipal corporation shall then apply to the commissioner of

transportation before any further proceedings are taken, to determine

whether such street, avenue, highway or road or such new portion or

additional lane of a street, avenue, highway or road shall pass over or

under such railroad or at grade. The commissioner of transportation

shall thereupon appoint a time and place for hearing such application,

and shall give such notice thereof as he shall judge reasonable to the

railroad corporation whose railroad is to be crossed by such new street,

avenue, highway or road, or such new portion or additional lane of a

street, avenue, highway or road, to the municipal corporation, the

owners of land adjoining the railroad and that part of the street,

avenue, highway or road to be opened, extended or constructed and such

other parties deemed by him to be interested in the proceeding. The

commissioner of transportation shall determine whether such street,

avenue, highway or road or such new portion or additional lane of a

street, avenue, highway or road shall be constructed over or under such

railroad or at grade. If the commissioner of transportation shall

determine that such street, avenue, highway or road or such new portion

or additional lane of a street, avenue, highway or road shall be carried

across such railroad above the grade thereof, he shall determine the

height, the length and the material of the bridge or structure by means

of which such street, avenue, highway or road or such new portion or

additional lane of a street, avenue, highway or road shall be carried

across such railroad, and the length, character and grades of the

approaches thereto. If the commissioner of transportation shall

determine that such street, avenue, highway or road or such new portion

or additional lane of a street, avenue, highway or road shall be

constructed or extended below the grade of such railroad, he shall

determine the manner and method in which the same shall be so carried

under, and the length, character and grades of the approaches. If the

commissioner of transportation shall determine that it is impracticable

to construct or extend such street, avenue, highway or road or such new

portion or additional lane of a street, avenue, highway or road across

such railroad above or below the grade thereof, he shall determine the

manner and method in which the same shall be carried across such

railroad at grade and what safeguards shall be maintained. The decision

of the commissioner of transportation as to the manner and method of

carrying such new street, avenue, highway or road, or such new portion

or additional lane of a street, avenue, highway or road across such

railroad shall be final, subject however to the right of appeal

hereinafter given, the decision of the commissioner of transportation

rendered in any proceeding under this section shall be communicated,

after final hearing, to the railroad corporation, the municipal

corporation and all other parties who appeared at such hearing by

counsel or in person. This section shall not apply to any state highway

or any other street, avenue, highway or road or new portion or

additional lane of a street, avenue, highway or road which the

commissioner of transportation proposes to construct across a railroad

pursuant to the highway law. Highway as used in this article shall

include any highway, road, street, alley, avenue, thoroughfare or public

driveway which is open to the public and publicly maintained.

Alteration or rehabilitation of existing crossing. The mayor or

city manager and common council of any city, the president or mayor and

trustees of any village, the town board of any town, the board of

supervisors or county executive and the county legislature of any county

having jurisdiction over street, avenue, highway or road which crosses

or is crossed by a surface railroad at grade, below grade or above grade

by structures heretofore constructed, or any surface railroad

corporation whose railroad crosses or is crossed by a street, avenue,

highway or road at grade, below or above grade, may bring their petition

in writing to the commissioner of transportation, therein alleging that

public interest requires rehabilitation, an alteration in the manner of

such crossing, its approaches, the method of crossing, the location of

the crossing, a change in the existing structure by which such crossing

is made, the closing and discontinuance of a crossing and the diversion

of the travel thereon to another street, avenue, highway road or

crossing, or if not practicable to change such crossing from grade,

below grade or above grade or to close or discontinue the same, the

opening of an additional crossing for the partial diversion of travel

from the grade, below grade or above grade crossing and praying that the

same may be ordered. Upon any such petition being brought the

commissioner of transportation shall appoint a time and place for

hearing the petition, and shall give such notice thereof as he shall

judge reasonable, of not less than ten days, however, to such

petitioner, the railroad corporation, the municipality in which such

crossing is situated, and if such crossing is in whole or in part in an

incorporated village having not to exceed twelve hundred inhabitants,

also to the supervisor or supervisors of the town or towns in which such

crossing is situated, and in all cases to the owners of the lands

adjoining such crossing and adjoining that part of the street, avenue,

highway or road to be changed in grade or location or to be

discontinued, or the land to be opened for a new crossing and to such

other parties deemed by him to be interested in the proceeding. The

commissioner of transportation shall give public notice of said hearing;

and upon such notice and after a hearing or hearings the commissioner of

transportation shall determine what alterations or changes, if any,

shall be made. The decision of the commissioner of transportation

rendered in any proceeding under this section shall be communicated,

after final hearing, to the petitioner, the railroad corporation, the

municipal corporation and all other parties who appeared at said hearing

by counsel or in person. Any person aggrieved by such decision, or by a

decision made pursuant to sections eighty-nine and ninety, and who was a

party to said proceeding, may within sixty days appeal therefrom to the

appellate division of the supreme court in the department in which such

crossing is situated, and to the court of appeals, in the same manner

and with like effect as is provided in the case of appeals from an order

of the supreme court. This section shall not apply to a state highway or

any other highway upon which the commissioner of transportation proposes

to alter an existing crossing of a railroad pursuant to any section of

the highway law.

Acquisition of land, right or easement in crossing. The

commissioner of transportation may acquire in the same manner that

property and rights therein are acquired for state highway purposes

pursuant to the highway law, or may direct the municipal corporation

having jurisdiction over the street, avenue, highway or road and in

which the crossing is located, to acquire any lands, rights or easements

necessary or required for the purpose of carrying out the provisions of

sections ninety and ninety-one. In the event that such municipal

corporation is directed to acquire such lands, rights or easements, it

shall do so by purchase, with the approval of the railroad corporation

and the commissioner of transportation, but if unable to do so shall

acquire such lands, rights or easements pursuant to the eminent domain

procedure law, under the charter of or other special act applicable to

such municipal corporation or, in the case of a county to which no

special act is applicable, of sections one hundred eighteen to one

hundred twenty-four, inclusive, of the highway law. The railroad shall

have notice of any such proceedings and the right to be heard therein.

The owner or owners of any claim for the value of property acquired

pursuant to the highway law, where a claim has been filed with the court

of claims, shall cause a copy of such claim to be served upon the

municipal corporation and the railroad corporation and such municipal

corporation and railroad corporation shall have the right to be heard

before said court. No adjustment of claim pursuant to such law shall be

effective without the approval of the municipal corporation and the

railroad corporation. The cost of lands, rights or easements acquired

for the purposes of this section shall be considered a part of the cost

of the project and shall be apportioned in the manner provided in

section ninety-four.

After acceptance of the completed work, the railroad corporation shall

make an application to the commissioner of transportation for conveyance

to it of any lands, rights or easements, acquired by said commissioner

as aforesaid, and/or any other lands, rights or easements owned by the

state which lands, rights or easements are under the jurisdiction of

said commissioner and which are used to accomplish the purposes of this

section, necessary for the proper operation and maintenance of the

railroad. If it shall appear to the commissioner of transportation that

such application is reasonable and the lands, rights or easements are

necessary for the proper operation and maintenance of such railroad and

such lands, rights or easements are not necessary for highway, road or

street purposes, said commissioner shall grant and convey such lands,

rights or easements to such railroad corporation upon such terms and

conditions as he may prescribe. The commissioner of transportation shall

direct the municipal corporation to convey and the municipal corporation

shall convey to the railroad corporation such lands, rights or easements

necessary for the proper operation and maintenance of the railroad which

the municipal corporation has acquired for purposes of this section.

Lands, rights or easements which the commissioner of transportation has

acquired for construction of a project pursuant to this section, other

than those necessary for the operation and maintenance of the railroad,

shall be conveyed by said commissioner to the municipality having

jurisdiction over the street, avenue, highway or road on which the

crossing is located. The commissioner of transportation in determining

the shares of the respective parties in the cost of the project shall

take into consideration the value of all lands, rights or easements

conveyed hereunder.

Repair of bridges and subways at crossings. When a highway

crosses a railroad by an overhead bridge, the framework of the bridge

and its abutments shall be maintained and kept in repair by the railroad

corporation, and the roadway thereover and the approaches thereto shall

be maintained and kept in repair by the municipality having jurisdiction

over and in which the same are situated unless such municipality shall

be a village of less than twelve hundred inhabitants, in which case the

town board of the town in which such village, roadway and approaches are

situated may, by resolution, vote to maintain and repair the same at the

expense of such town, notwithstanding any provision of law limiting or

providing the amount which such town board may levy and collect for such

purposes without the vote of a town meeting, but the property within

such village shall be subject to the levy and collection of the tax

imposed for such maintenance and repair; except that in the case of an

overhead bridge constructed prior to the first day of July, eighteen

hundred and ninety-seven, the roadway over and the approaches to which

the railroad corporation was under obligation to maintain and repair,

such obligation shall continue, provided the railroad corporation shall

have at least ten days' notice of any defect in the roadway thereover

and the approaches thereto, which notice must be given in writing by the

town superintendent of highways or other duly constituted authority, and

the railroad corporation shall not be liable by reason of any such

defect unless it shall have failed to make repairs within ten days after

the service of such notice upon it. When a highway passes under a

railroad, the bridge and its abutments shall be maintained and kept in

repair by the railroad corporation, and the subway and its approaches

shall be maintained and kept in repair by the municipality having

jurisdiction over and in which the same are situated, unless such

municipality shall be a village of less than twelve hundred inhabitants,

in which case the town board of the town in which such village, subway

and approaches are situated, may, by resolution, vote to maintain and

repair the same at the expense of such town, notwithstanding any

provision of law limiting or providing the amount which such town board

may levy and collect for such purposes without the vote of a town

meeting, but the property within such village shall be subject to the

levy and collection of the tax imposed for such maintenance and repair.

Where the roadway over a railroad, or the subway underneath the same, or

the approaches thereto have been improved by the state as a part of a

state or county highway, such roadway or subway, or approaches only, as

have been so improved shall thereafter be maintained and kept in repair

by the commissioner of transportation in the manner provided in the

highway law for the maintenance and repair of state and county highways.

When the roadway over or subway under a railroad and the approaches

thereto, for the maintenance of which a town or village is liable, shall

have been taken over for improvement by a county as a part of a county

road, such roadway or subway or approaches, for so long as the county

shall remain liable for the maintenance of such county road, shall be

maintained and kept in repair by the county superintendent of such

county as a part of such county road in the manner provided in the

highway law for the maintenance and repair of county roads, and out of

any funds provided for that purpose, but to the extent only to which the

town or village was liable under the provisions of the railroad law.

For the purposes of this section, railroad and railroad corporation

shall include the national railroad passenger corporation created

pursuant to subchapter II of chapter fourteen, forty-five United States

code (Amtrak) and the consolidated rail corporation created pursuant to

subchapter III of chapter sixteen, forty-five United States code

(Conrail).

Maintenance and removal of highway-railroad crossing at grade.

The responsibility of a railroad corporation to maintain and keep in

repair highway-railroad crossings at grade as provided by law shall not

terminate upon the abandonment of the railroad or a portion thereof, but

such responsibility with respect to state highways shall continue,

unless otherwise agreed upon by the railroad corporation and the state,

and with respect to highways other than state highways, shall continue

unless otherwise agreed upon by the governing body, or its designee, of

the municipality having jurisdiction over the highway. Such

responsibility shall continue until the crossing at grade has been

removed and the highway pavement restored by the railroad corporation

and/or pursuant to agreement with the railroad corporation by the state

or municipality having jurisdiction over the highway, to such usable

condition as the commissioner or the municipality having jurisdiction

over the highway, respectively, shall deem reasonable. Such

responsibility to maintain and remove may be transferred with the

approval of the commissioner, and shall thereafter pass to the

transferee of the railroad corporation or successor in interest to the

abandoned railroad right-of-way. If such approval is not obtained, the

responsibility for maintenance and removal shall continue with the

railroad. Upon failure to remove abandoned railroad facilities at a

highway-railroad crossing at grade within one year after the date of the

abandonment by the railroad corporation, the municipality having

jurisdiction over the highway may petition the commissioner for an order

to compel removal. The commissioner upon receipt of such a petition, or

on its own motion with respect to state highways, shall serve notice

upon the party responsible for the removal of the highway-railroad

crossing at grade that a hearing, at a specified date, will be held to

determine whether the highway-railroad crossing at grade should be

removed. After conclusion of such hearings, the commissioner shall, by

order, determine whether it is in the public interest to require removal

of the crossing at grade. If the commissioner determines that the

crossing at grade should be removed, the order shall direct such removal

and describe the manner of removal and the party responsible for such

removal and may establish a penalty for non-compliance with such order

at a sum equalling the actual cost, considering salvage, of such removal

to be paid to the state with respect to state highways or to the

municipality having jurisdiction over the highway with respect to

highways other than state highways. Any funds so paid shall be utilized

to effect such removal. Any person aggrieved by such decision, and who

was a party to said proceeding, may within sixty days after the service

of such decision appeal therefrom to the appellate division of the

supreme court in the department in which such crossing is located, and

to the court of appeals, in the same manner and with like effect as is

provided in the case of appeals from an order of the supreme court.

Maintenance and removal of highway-railroad separation

structures. The responsibility of a railroad corporation to maintain

and keep in repair highway-railroad separation structures as provided by

law shall not terminate upon the abandonment of the railroad or a

portion thereof, but such responsibility, with respect to state

highways, shall continue unless otherwise agreed upon by the railroad

corporation and the state, and shall continue with respect to highways

other than state highways unless otherwise agreed upon by the governing

body or its designee, of the municipality having jurisdiction over the

highway, until the separation structure is removed as hereinafter

provided. When a structure remains which separates a highway and an

abandoned railroad, the railroad, or the transferee of the abandoned

railroad right-of-way when the transfer of such responsibility has been

approved by the commissioner, and the state, or the municipal

corporation having jurisdiction over the highway, may mutually agree as

to their allocations of the expenses of removal of the structures and

its supports and restoration of the highway. If such approval is not

obtained, the responsibility for maintenance and removal continue with

the railroad. In the event that the interested parties are unable to

agree as to the necessity to remove a grade separation structure, the

manner of removal or the division of cost or the division of performance

of the removal work within one year after the date of the abandonment by

the railroad corporation, either such railroad or such transferee of the

railroad rights-of-way or the municipality having jurisdiction over the

highway may petition the commissioner to hold a hearing in order to

consider such matter. The commissioner upon receipt of such a petition,

or on his own motion with respect to state highways, shall designate a

time and place for a hearing to consider the matter. After such a

hearing has been held, the commissioner shall determine by order whether

it is in the public interest to require either removal of or the

retention of the structure and its supports, in whole or in part, and

shall direct the manner of accomplishing any such removal and the manner

that the cost and expenses of any such removal or the performance of any

such removal work shall be divided. The division of cost to the railroad

or transferee shall be limited to the cost of structure removal only,

including superstructure and substructure elements. Material so removed

shall become the property of the railroad, or the value gained from the

salvage disposition of such material shall be returned to the railroad.

The cost of any embankment removal or placement, or highway restoration,

shall be borne by the state, or the municipal corporation having

jurisdiction over the highway. The decision of the commissioner rendered

in any proceeding under this section shall be communicated after final

hearing, to the petitioner, the railroad corporation or transferee, the

municipal corporation and all other parties who appeared at said hearing

by counsel or in person. Any person aggrieved by such decision, and who

was a party to said proceeding, may within sixty days after the service

of such decision appeal therefrom to the appellate division of the

supreme court in the department in which such separation structure is

located, and to the court of appeals, in the same manner and with like

effect as is provided in the case of appeals from an order of the

supreme court.

Performance of work; division of expenses; accounting; claims

for damages; valuation. 1. Whenever under section eighty-nine a new

railroad is constructed across an existing highway, the expense of

crossing above or below the grade of the highway including any expense

incurred in altering or changing the highway under a determination of

the commissioner of transportation shall be paid entirely by the

railroad corporation.

2. Whenever under section ninety a new street, avenue, highway or road

or new portion or additional lane of a street, avenue, highway or road

is constructed across an existing railroad, the railroad corporation

shall pay one-half and the municipal corporation having jurisdiction

over such street, avenue, highway, or road or new portion or additional

lane of a street, avenue, highway or road shall pay the remaining

one-half. However, where such new street, avenue, highway or road or new

portion or additional lane of a street, avenue, highway or road crosses

a navigable stream or water adjacent to or near an existing railroad,

which crossing of such navigable stream or water by a bridge or tunnel

necessarily increases the height above or the depth below the crossing

of such railroad or the length of the approaches to such bridge or

tunnel, the railroad corporation shall pay such part or portion of the

expense of making such crossing above or below the grade of the railroad

as may be agreed to between the railroad corporation and the municipal

corporation having jurisdiction over such street, avenue, highway or

road or new portion or additional lane of a street, avenue, highway or

road, and such municipal corporation shall bear and pay the remaining

part of such expense. In case of the failure or inability of the

railroad corporation and the municipal corporation to agree upon the

part or portion of such expense to be paid by the railroad corporation,

the railroad corporation shall pay such part or portion of the expense

of making such crossing above or below the grade of the railroad as the

commissioner of transportation shall, after a hearing on at least ten

days' notice to the railroad corporation, fix and determine, which shall

be one-half of the cost as estimated of a bridge or structure and its

approaches that would be required if such navigable stream or water did

not so intervene as to affect the height or depth of such bridge or

structure or the length of the approaches thereto to carry such street,

avenue, highway or road or new portion or additional lane of such

street, avenue, highway or road across such railroad, and the municipal

corporation shall bear and pay the remaining part of such expense.

3. Whenever a change is made to an existing crossing other than a

change made to an existing structure in accordance with the provisions

of section ninety-one, fifty per centum of the expense thereof shall be

borne by the railroad corporation and twenty-five per centum by the

municipal corporation and twenty-five per centum by the state; except

that whenever an existing crossing other than an existing structure in

which a change is made under section ninety-one, is located wholly or

partly within an incorporated village having not to exceed twelve

hundred inhabitants, the portion of expense herein required to be borne

by the municipal corporation shall be borne by the town or towns in

which such crossing is situated. The expense of every change made in an

existing structure in accordance with and ordered pursuant to the

provisions of section ninety-one shall be borne eighty-five per centum

by the state, and fifteen per centum by the municipal corporation.

Provided, however, that a county may contribute funds to a city, town or

village towards its fifteen per centum share of the cost of

reconstructing a railroad bridge whether or not the road, of which the

bridge is a part is under the jurisdiction of a city, village, town or

county and regardless of who performs the work.

4. Whenever in carrying out sections ninety or ninety-one, two or more

lines of steam surface railroad, owned and operated by different

corporations cross a highway at a point where a change in grade is made,

each corporation shall pay such proportion of fifty per centum of the

expense thereof as shall be determined by the commissioner of

transportation.

4-a. If moneys of the federal government are or may reasonably be

expected to be available for the purposes of this subdivision, the

commissioner of transportation is authorized to use such moneys to

implement this subdivision. Within and to the extent of funds

appropriated by the Legislature for the state's share of the cost, the

commissioner of transportation may authorize or direct a railroad

corporation or the department of transportation to install grade

crossing facilities and appurtenances, which shall include but not be

limited to protective devices and crossing surfaces, the cost of which

including all accessories, labor and material shall be borne not more

than ten per centum by the state and ninety per centum or more with use

of the federal moneys. Installations so authorized or directed shall be

completed by the department of transportation or the railroad

corporation or corporations involved. Upon approval by the commissioner

of transportation of the completed project by the railroad corporation

or corporations, reimbursement of the state and federal shares of the

cost thereof shall be effected by the comptroller upon vouchers approved

by the commissioner. Whenever in carrying out the provisions of this

subdivision, two or more lines of railroad owned and operated by

different corporations cross a highway at a point where such

installation is made, each corporation or the department of

transportation shall perform such portion of the work as shall be

determined by the commissioner of transportation. Such crossing

facilities and appurtenances shall be maintained and operated by and at

the expense of the railroad corporation or corporations. In the event

that state funds appropriated for the purposes of this subdivision are

inadequate or are fully committed or exhausted, the authority herein

contained shall not be deemed to restrict, limit or supersede the

authority of the commissioner of transportation to order such

installations under and pursuant to subdivision one of section

fifty-three of this chapter.

5. In carrying out sections eighty-nine, ninety and ninety-one the

commissioner of transportation shall cause to be prepared or may direct

the municipal corporation or the railroad corporation to prepare plans,

specifications and estimates of cost for the work. Plans, specifications

and estimates of cost for the work prepared by the municipal corporation

or the railroad corporation shall be submitted to the commissioner of

transportation for his approval. The work shall be performed by the

municipal corporation, the railroad corporation or the department of

transportation as the commissioner of transportation shall direct. In

all cases, except where the entire expense is paid by the railroad

corporation, the expense of construction shall be paid in the first

instance by the party directed by the commissioner of transportation to

progress the work and the expense of acquiring lands, rights or

easements shall be paid in the first instance by the party directed by

the commissioner of transportation, or otherwise required by this

chapter, to acquire such lands, rights or easements. When a municipal

corporation or railroad corporation has been directed or authorized to

take competitive bids for all or a portion of the work, it shall, prior

to the award of a contract therefor, submit to the commissioner of

transportation a tabulation of bids received, together with a

recommendation for award, and if he concurs with the recommendation, he

shall approve such award and submit the tabulation and recommendation to

the state comptroller for his approval. If the commissioner of

transportation does not concur with such recommendation or determines

that the bids are excessive, he may require that the work be rebid.

Work which the municipal corporation or the railroad corporation is

directed to perform shall be subject to the supervision and approval of

the commissioner of transportation. All work performed by the department

of transportation, the municipal corporation or their agents upon or

affecting railroad property, right of way or facilities shall be subject

to the supervision and approval of the railroad corporation. No work

upon or affecting railroad property, right of way or facilities shall be

performed without the approval of the railroad corporation. The

commissioner of transportation may employ temporarily such experts and

engineers as may be necessary properly to supervise any work that may be

undertaken under sections eighty-nine, ninety and ninety-one, the

expenses thereof to be paid by the comptroller upon the requisition and

certificate of the commissioner of transportation and included in the

cost of the project and finally apportioned in the manner provided in

this section. Upon the completion of work undertaken pursuant to section

eighty-nine, ninety or ninety-one, the commissioner of transportation

shall cause the same to be inspected and if he approves, accept the work

and make an order certifying its completion.

6. Upon the completion of the work and its approval by the

commissioner of transportation an accounting shall be had between the

railroad corporation and the municipal corporation or the commissioner

of transportation of the amount expended by each with interest, and if

it shall appear that the railroad corporation or the municipal

corporation or the commissioner of transportation has expended more than

its or his proportion of the expense of the crossing as herein provided

a settlement shall be forthwith made in accordance with this section. At

any time after the work has commenced the commissioner of transportation

may, upon its own motion or upon the petition of the railroad

corporation or of any municipality interested, make an order for an

intermediate settlement and direct payments to be made in connection

therewith as in this section provided for a final accounting. All items

of expenditures shall be verified under oath. In case of a dispute

between the railroad corporation and the municipal corporation as to the

amount expended which dispute does not involve the nature or character

of the work performed, any judge of the supreme court in the judicial

district in which the municipality or the state or county highway is

situated may appoint a referee to take testimony as to the amount

expended, and the confirmation of the report of the referee shall be

final. In the event of the failure or refusal of the railroad

corporation to pay its proportion of the expense, the same with interest

from the date of such accounting may be levied and assessed upon the

railroad corporation and collected in the same manner that taxes and

assessments are now collected by the municipal corporations within which

the work is done; and in the event of failure or refusal of the

municipal corporation to pay its proportion of the expense an action may

be maintained by the railroad corporation for the collection of the same

with interest from the date of such accounting, or the railroad

corporation may offset such amount with interest against any taxes

levied or assessed against it or its property by such municipal

corporation.

7. In the event of the appropriation made by the state in any one year

being insufficient to pay the state's proportion of the expense of any

change that may be ordered the first payment from the appropriation of

the succeeding year shall be on account of said change, and no payment

shall be made on account of any subsequent change that may be ordered,

nor shall any subsequent change be ordered, until the obligation of the

state on account of the first named change in grade has been fully

discharged, unless the same shall be provided for by an additional

appropriation to be made by the legislature. The state's proportion of

the expense of changing any existing grade crossing or the structure of

any existing crossing above or below grade shall be paid from the state

treasury on the audit and warrant of the comptroller, to which shall be

appended the certificate of the commissioner of transportation to the

effect that the work has been properly performed and a statement showing

the situation of the crossing or structure that has been changed, the

total cost and the proportionate expense thereof; and the money shall be

paid in whole or in part to the railroad corporation or to the municipal

corporation as the commissioner of transportation may direct, subject,

however, to the rights of the respective parties as they appear from the

accounting or intermediate accounting to be had as hereinbefore provided

for.

8. No claim for damages to property on account of the change or

elimination of any crossing or change in structure or approaches under

this article shall be allowed unless notice of such claim is filed with

the commissioner of transportation within six months after completion of

the work necessary for such change or elimination.

9. Upon the acquisition of any railroad by the public, under the right

of eminent domain or by and under any statute providing for the

acquisition, use or operation thereof, any and all sums of money paid

and contributed by the state or any political subdivision thereof toward

the expense of constructing new crossings as in this article provided,

shall be credited, allowed and deducted in determining the value of such

property or the basis of computing or allowing compensation therefor.

10. In carrying out sections eighty-nine, ninety, and ninety-one, if a

railroad corporation, state department, agency or commission, public

authority or municipal corporation in which the work is located, desires

to make or cause to have made changes or additions which in the opinion

of the commissioner of transportation are not necessary to accomplish

the work, such changes or additions may be embodied in an order

containing findings specifying such changes or additions. Such order

shall state an estimated cost of such desired changes or additions and

the portions therefore chargeable respectively to the railroad

corporation or state department, agency or commission, public authority

or municipal corporation. Before any contract is let the state

department, agency or commission, public authority or municipal

corporation shall certify to the commissioner of transportation that the

necessary funds are available.

11. Notwithstanding any conflicting provisions of this chapter, a

railroad and a municipal corporation having jurisdiction may mutually

agree as to the allocation of their proportion of the expenses of:

construction and reconstruction of a new street, avenue, highway or road

or new portion or additional lane of a street, avenue, highway or road,

or county highway or county road deviating from the line of an existing

street, avenue, highway or road to be constructed at, above, or below

grade, across a steam surface railroad, including the cost of the

installation of automatic flashing light signals with automatic gates or

automatic flashing light signals alone and all accessories,

appurtenances and circuits; or the alteration in the manner which a

railroad crosses or is crossed by a street, avenue, highway or road at,

above, or below grade, including, its approaches, the method of

crossing, the location of the crossing, a change in the existing

structure by which such crossing is made, the closing and discontinuance

of a crossing and the diversion of the travel thereon to another street,

avenue, highway, road or crossing, or if not practicable to change such

crossing from grade, below grade or above grade or to close or

discontinue the same, the opening of an additional crossing for the

partial diversion of travel from the grade, below grade or above grade

crossing, and including the cost of the installation, alteration or

relocation of automatic flashing light signals with automatic gates or

automatic flashing light signals alone, and all accessories,

appurtenances and circuits, whether in connection with such construction

or otherwise.

The agreement shall not be entered into until a public hearing has

been held by the governing body of the municipal corporation involved.

Notice of the hearing shall be published at least once in at least one

newspaper having a general circulation within the municipal corporation.

The notice shall specify the time when and the place where the hearing

will be held, and describe in general terms the proposed agreement. The

first publication shall be at least ten days prior to the day specified

for the hearing.

Proceedings by commissioner of transportation for alteration of

existing crossings. The commissioner of transportation may, in the

absence of any application therefor, when in his opinion public interest

requires an alteration in an existing grade crossing or a change in any

existing structure above or below grade, institute proceedings on his

own motion for any alteration in an existing grade crossing or structure

for which a municipal corporation may petition under section ninety-one,

upon such notice as he shall deem reasonable, of not less than ten days

however, to the railroad company, the municipal corporation and the

person or persons interested, and proceedings shall be conducted as

provided in section ninety-one. Notwithstanding any other provision of

law the commissioner of transportation shall not, within areas which

were within the jurisdiction of the transit commission on March

thirty-first, nineteen hundred forty-three, order the elevation of any

railroad running longitudinally on a right-of-way in, upon or along a

street, avenue, highway or road without the concurrent approval of the

local authorities of the city on which the railroad or such part thereof

is located. The changes in existing grade crossings or structures

authorized or required by the commissioner of transportation in any one

year shall be so distributed and apportioned over and among the

railroads and the municipalities of the state as to produce such

equality of burden upon them for their proportionate part of the

expenses as herein provided for as the nature and circumstances of the

cases before it will permit.

Proceedings to enforce orders of commissioner of transportation.

It shall be the duty of the corporation, municipality or person or

persons to whom the decisions or orders of the commissioner of

transportation are directed, as provided in sections eighty-nine,

ninety, ninety-one and ninety-five, to comply with such decisions and

orders, and in case of their failure so to do the commissioner of

transportation shall thereupon commence an action or special proceeding

to compel obedience to the decisions and orders of the commissioner of

transportation. The supreme court at a special term shall have the power

in all cases of such decisions and orders by the commissioner of

transportation to compel compliance therewith, or under the

transportation law, subject to appeal to the appellate division of the

supreme court and the court of appeals in the same manner and with like

effect as is provided in case of appeals from a judgment of the supreme

court.

Intercity rail passenger service. 1. As used in this section,

unless a different meaning clearly appears from the context, the term:

a. "Intercity rail passenger service" shall mean any intercity rail

passenger transportation operation where rail passenger trains operate

on a regular scheduled basis.

b. "Intercity rail passenger service corridor" shall mean a continuous

railroad route which contains one or more segments of railroad track or

tracks where intercity rail passenger service is in operation by the

national rail passenger corporation.

c. "Public rail crossing" shall mean a crossing where a highway,

roadway or similar facility, which is owned by a government, either

federal, state or local, a public authority or a public agency, crosses

a railroad track or tracks, is open to the public and has been

designated as such by order of the commissioner, or recognized as having

been a public at-grade crossing prior to eighteen hundred ninety-seven.

d. "Private rail crossing" shall mean a crossing which traverses a

railroad track or tracks and may be used by the owner of the

right-of-way, the owner's invitees and others, including the public, but

has not been declared or recognized as a public rail crossing by the

commissioner.

e. "Railroad" shall mean a private or public railroad operating in the

state of New York carrying either freight or passengers or freight and

passengers including, but not limited to, those operated by the

metropolitan transportation authority and its subsidiaries, including

the Long Island Rail Road or operated by any other public authority or

local government.

2. No new private rail crossings shall be established in an intercity

rail passenger service corridor until an application has been made to

and approved by the commissioner. Whenever an application is made, the

commissioner shall conduct a hearing to determine if a private rail

crossing is justified or if an existing public or private crossing could

be used to avoid the creation of a new crossing. If the commissioner

determines that a crossing is justified and is in the best interest of

the people of the state of New York, the commissioner shall determine

the manner of the crossing, whether it is to be at-grade or

grade-separated, the location, the manner of protection and the

apportionment of responsibility for the maintenance of any such

crossing, including any warning devices.

3. In order to insure public safety, the commissioner may, if he or

she determines it appropriate, require alterations in an existing

private rail crossing, including a farm crossing, which is located in an

intercity rail passenger service corridor and is hereby authorized to

participate in the cost of such alterations. In the event that an

agreement on such alterations cannot be reached between the railroad

owning the crossing, property owners who are directly impacted by the

crossing and the department, the commissioner shall conduct a hearing on

the need for such alterations and whether any other alternatives are

available, including the use of an alternate route or the closure of the

crossing and shall, where applicable, determine the apportionment of

responsibility for the alteration and maintenance of any such crossing,

including any warning devices. Public comment shall be sought on any

proposed alteration or closure which will impact public access to lands

open to the public for recreational use. Comments received from the

public shall be considered in any decision to alter or close such a

crossing. No crossing which provides direct access to public state

recreational lands shall be closed unless the commissioner, in

consultation with the state agency with jurisdiction over such lands,

finds that there is a reasonable alternate route to such lands that

maintains public access to and the public recreational value of such

lands.

4. The commissioner shall prepare and promulgate standards and

specifications for the design and protection of private rail crossings

in an intercity rail passenger service corridor and is authorized to

adopt and promulgate such rules and regulations to accomplish this as

shall be deemed necessary.

5. The commissioner shall have the power to acquire any real property,

easements, rights-of-way or similar rights necessary for the purposes of

this article in the same manner as property is acquired for state

highway purposes pursuant to the provisions of section thirty of the

highway law.

Commuter rail service. 1. As used in this section, unless a

different meaning clearly appears from the context, the term:

a. "Commuter rail service" shall mean any rail passenger

transportation operation where heavy rail passenger trains provide

scheduled passenger service for weekday commuters between a city or

cities and adjacent areas.

b. "Commuter rail service corridor" shall mean a railroad route which

contains one or more segments of railroad track where commuter rail

service is in operation.

c. "Private rail crossing" shall have the same meaning as such term is

defined in section ninety-seven of this article.

d. "Railroad" shall have the same meaning as such term is defined in

section ninety-seven of this article.

2. No new private rail crossings shall be established in a commuter

rail service corridor until an application has been made to and approved

by the commissioner. Whenever an application is made, the commissioner

shall conduct a hearing to determine if a private rail crossing is

justified or if an existing public or private crossing could be used to

avoid the creation of a new private rail crossing. If the commissioner

determines that a new private rail crossing is justified and is in the

best interest of the people of the state of New York, the commissioner

shall determine the manner of the crossing, whether it is to be at-grade

or grade-separated, the location, the manner of protection and the

apportionment of responsibilities and costs for the construction,

inspection and maintenance of any such private rail crossing, including

any warning devices.

3. a. In order to insure public safety, the commissioner may, if he or

she determines it appropriate, require alterations in an existing

private rail crossing, including a farm crossing, which is located in a

commuter rail service. In the event that an agreement on such

alterations cannot be reached between the railroad owning the crossing,

property owners who are directly impacted by the existing private rail

crossing and the department, the commissioner shall conduct a hearing on

the need for such alterations and whether any other alternatives are

available, including the use of an alternate route or the closure of the

private rail crossing and shall, where applicable, determine the

apportionment of responsibilities and costs for the alteration,

construction, inspection and maintenance of any such private rail

crossing, including any warning devices.

b. Public comment shall be sought on any proposed alteration or

closure which will impact public access to lands open to the public for

recreational use. Comments received from the public shall be considered

in any decision to alter or close a private rail crossing. No private

rail crossing which provides direct access to public state recreational

lands shall be closed unless the commissioner, in consultation with the

state agency with jurisdiction over such lands, finds that there is a

reasonable alternate route to such lands that maintains public access to

and the public recreational value of such lands.

4. The commissioner shall prepare and promulgate standards and

specifications for the design and protection of private rail crossings

in a commuter rail service corridor and, in consultation with the

metropolitan transportation authority, is authorized to adopt and

promulgate such rules and regulations as may be necessary to implement

the provisions of this section. Except as otherwise provided by law,

said rules and regulations shall include guidelines for the allocation

of responsibility for the costs associated with establishment of any new

private crossings pursuant to subdivision two of this section or the

closing or improvement of existing private crossings pursuant to

subdivision three of this section and shall recognize that the private

interests seeking or using a crossing shall be generally responsible for

such costs as well as all costs associated with the inspection and

maintenance of such improvements; and, that the arrangement between the

railroad and the owners or occupants of the adjoining properties shall

be formalized in an agreement.

5. The commissioner shall have the power to acquire any real property,

easements, rights-of-way or similar rights necessary for the purposes of

this article in the same manner as property is acquired for state

highway purposes pursuant to the provisions of section thirty of the

highway law.

Intersection of railroads. All steam railroads hereafter

constructed across the tracks of any other railroad and any street

surface railroad hereafter constructed across a steam railroad shall be

above, below, or at grade of such existing railroad as the commissioner

of transportation shall determine, and the commissioner of

transportation shall in such determination fix the proportion of expense

of such crossing to be paid by each railroad.

Application of foregoing section. The provisions of sections

eighty-nine to ninety-eight, inclusive, of this chapter shall also apply

to all steam surface railroads existing on the first day of July,

eighteen hundred and ninety-seven, or thereafter, on which, after said

date, electricity or some other agency than steam shall be substituted

as a motive power. None of the provisions of said sections shall apply

to crossings in the city of Syracuse under the jurisdiction of the

Syracuse grade crossing commission. The terms "municipality" and

"municipal corporation" as used in said sections shall include cities,

villages, towns and counties.

Temporary leave granted by court to a street surface railroad;

bond. Whenever the railroad or route of any street surface railroad

corporation shall intersect and cross, or shall cross the tracks and

roadbed of any railroad, operated by locomotive, steam or other power,

which are laid in, across or upon the surface of any street, avenue,

road or highway in any city, town or village of the state, having less

than five hundred thousand inhabitants and such street surface railroad

corporation having been unable to agree with the corporation owning the

tracks and roadbed so intersected or to be intersected and crossed, as

to the line or lines, grade or grades, points or manner of such

intersection and crossing, or upon the compensation to be made therefor,

shall have applied to the court by petition to appoint commissioners to

determine the same, the court shall upon application made by such street

surface railroad corporation, at, or after, the time of the appointment

of such commissioners, or if an answer to the petition of such street

surface railroad corporation has been interposed, at any time

thereafter, direct that such street surface railroad corporation be

permitted to lay its tracks across, and to intersect, upon the surface

of the street, avenue, road or highway, the tracks and roadbed of such

railroad operated by locomotive steam or other power, provided such

street surface railroad corporation shall at the time of obtaining such

order, make and file with the clerk of said court, its bond or

undertaking in writing, in an amount and with surety or sureties to be

approved by the court, conditioned for the full and faithful performance

by such street surface railroad corporation of any and all conditions

and requirements which may be imposed by said commissioners and be

affirmed by the court, in determining the line or lines, grade or

grades, points or manner of such intersection and crossing and as to the

amount of compensation to be paid therefor, and also conditioned to

conform such crossing and intersection made by virtue of such order of

the court to the requirements made by said commissioners as affirmed by

the court.

Consent of commissioner of transportation in certain cases. No

street surface railroad shall be allowed to lay its tracks at grade

across the tracks or roadbed of any railroad operated by locomotive

steam power at any point where there are three or more tracks of the

steam road proposed to be crossed, which tracks have been constructed

and in operation at least two years, unless the written consent of the

commissioner of transportation be first obtained for such crossing at

grade. But this section shall not affect the operation of the preceding

section in any suit or proceeding pending on the twenty-ninth day of

March, eighteen hundred and ninety-three, nor any renewals of said

pending suit or proceeding brought for any cause.

Ventilation of tunnels. The commissioner of transportation is

hereby authorized, empowered and given full and complete authority to

require and compel all tunnels used or to be used by railroads operated

by any form of power in this state to be properly ventilated, in such

manner and by such means and mechanical appliances as said commissioner

of transportation may direct.

Lighting of tunnels. The commissioner of transportation is also

hereby authorized, empowered and given full and complete authority to

require and compel all tunnels used or to be used by railroads operated

by any form of power in this state, to be properly lighted by

electricity or otherwise, or by such means or in such manner as said

commissioner of transportation may direct.

Compliance with orders of commissioner of transportation.

Whenever the commissioner of transportation shall cause to be personally

served upon any railroad corporation controlling any tunnel or part of a

tunnel in this state for the purpose of operating a railroad or moving,

hauling or propelling cars therein by steam, by delivering a copy

personally to the president, general manager or any director of said

corporation of a notice or order of said commissioner of transportation,

stating and specifying the structures to be erected, the manner, means,

mechanical appliances and apparatus to be used in lighting or

ventilating any tunnel or tunnels used by said corporation for the

purpose of moving, hauling or propelling cars by steam therein as

aforesaid, said corporation shall, within thirty days from and after the

service of said notice or order as aforesaid, cause said tunnel or

tunnels so used by it as aforesaid to be lighted or ventilated, or both,

in the manner and by the means and use of the mechanical apparatus and

appliances specified and pointed out in said notice or order.

Enforcement. After the expiration of thirty days from the

service of said order or notice specified in the preceding section, as

therein directed, if said corporation shall not have fully complied with

said notice or order, the commissioner of transportation may commence an

action or special proceeding hereunder, or under the transportation law,

in the supreme court for a judgment to compel said corporation or

corporations so neglecting or refusing to obey and comply with said

order or notice to comply with and obey said notice or order, and said

court shall have full power and authority to hear and determine said

matter, and after giving the corporation or corporations proceeded

against an opportunity to be heard in its or their defense, to compel

said corporation or corporations so proceeded against to obey said order

or notice, and forthwith comply with and carry out the provisions and

requirements therein contained.

Penalty for violation. Every corporation violating any of the

provisions of the preceding four sections shall be guilty of a

misdemeanor and may be indicted therefor, and may be compelled to appear

and plead to an indictment therefor in the person of its president,

secretary, treasurer or any director thereof, and a bench warrant may

issue out of any competent court to compel such attendance and pleading,

and, upon conviction thereof, such corporations shall be punished by a

fine of one thousand dollars, and an additional fine of five hundred

dollars a day for each and every day or part of a day after thirty days

from the due service of said notice or order that said corporation shall

refuse or neglect to obey and carry out the requirements and provisions

of the same, and duly sentenced to pay the same.

Judgment-roll. It shall be the duty of the district attorney

prosecuting any corporation for a violation of any of the provisions of

sections one hundred and three, one hundred and four and one hundred and

five, that shall be convicted thereof and sentenced to pay a fine

therefor, to cause a judgment-roll to be made up, consisting of the

indictment, orders and sentence of the court and a formal judgment, to

be prepared by him, which judgment shall be duly signed by the clerk of

the county in which said trial took place; said judgment-roll shall be

filed by said county clerk and said judgment shall be duly recorded in

the book of judgments in said county and duly entered and docketed by

said county clerk in said county the same as if said judgment had been

obtained in a civil action, and said judgment so duly entered and

docketed shall become and be a lien upon all of the real estate of said

corporation against which the same is obtained, and the collection

thereof may be enforced by execution to be issued and signed by the

district attorney of the county where the trial of said indictment took

place, in the same manner and to the same extent as executions are

collected in civil actions.

Approval of appliances in cities having a population of one

million inhabitants or over. In cities in this state having a population

of one million inhabitants or over, where tunnels are or may hereafter

be operated or controlled by any railroad corporation, such portions of

any mechanical or other devices or appliances as may be required under

the provisions of the preceding six sections to be constructed on or

above the surface of any streets, avenues or other places under which

such tunnels may be built, shall be subject as to form, material and

construction, to the approval of the local authorities of such cities,

except that in the city of New York such approval shall be by a majority

vote of the mayor, the comptroller, the commissioner of parks and

recreation of said city and the president of the borough of said city in

which such mechanical or other device or appliance is to be constructed.

Consolidation or merger of corporations owning or leasing

continuous lines; abandonment of parallel lines; merger of subsidiary

corporations. 1. Any railroad or other corporation, organized under the

laws of this state, or of this state and any other state or states, and

owning or operating a railroad, bridge or tunnel, either wholly within

or partly within and partly without the state, or whose lines or routes

of road have been located but not constructed, may consolidate its

capital stock, franchises and property with the capital stock,

franchises and property of any other railroad, tunnel or bridge

corporation or corporations organized under the laws of this state or of

this state and any other state or states, or under the laws of any other

state or states, or may merge or be merged into any such other

corporation in accordance with the procedure and with the effect set

forth in article nine of the business corporation law, whenever the two

or more railroads of the companies or corporations so to be

consolidated, or merged, their tunnels, bridges or branches or any part

thereof, or the lines or routes of their road, if not constructed, shall

or may form a continuous or connected line of railroad with each other

or by means of any intervening railroad bridge, tunnel or ferry, or by

means of a right under an agreement, lease or otherwise to operate cars

over any intervening railroad subject to the jurisdiction of the

commissioner of transportation, and any such consolidated or surviving

corporation may thereupon construct or finish the construction of such

continuous line of railroad, if not previously constructed, and operate

the same, subject to all provisions of law applicable to such railroad

corporation; provided, however, that nothing in this section shall be

deemed to authorize any such corporation organized under the laws of

this state or of this state and any other state or states to be merged

into any other corporation that is not organized under the laws of this

state or of this state and some other state or states, unless the

corporation into which it is proposed to merge any such corporation is

in possession of and holds under lease all of the railroad and

franchises of the corporation to be merged and operates the same as part

of the railroad or system of the corporation into which it is proposed

to merge any such corporation. Where the road to be operated is in whole

or in part a tunnel or sub-surface road, authorized by section

twenty-eight of this chapter, its consolidation with or merger into

another road or roads under the provisions of this section shall not

prevent any connecting railroad from having equal rights of transit for

its passengers and freight through or over the tunnel or bridge of any

such road, upon the same equitable terms, nor shall such consolidation

or merger be made where such tunnel or sub-surface road exceeds five

miles in length.

2. Any railroad corporation, which by consolidation or merger under

any provision of law, now owns, or shall hereafter own, parallel or

substantially parallel lines of railroad between any two points or

stations, shall have the right, upon obtaining the consent of the

commissioner of transportation, to abandon such portion of its railroad

and its franchise to own, maintain and operate the same on either of the

said parallel lines, as shall, in the opinion of the said commissioner

of transportation, be no longer necessary to furnish proper and adequate

service to the public in the transportation of passengers and freight

within the jurisdiction of the commissioner of transportation. Such

application for abandonment shall not be made until after it shall have

been authorized by resolution of the board of directors of the

corporation under its seal, and such resolution shall have been

submitted to the stockholders thereof at a meeting called and conducted

in the manner required by law. If the stockholders shall at such meeting

ratify such action of the directors, the secretary of the corporation

shall so certify under the seal of the corporation, upon such

resolution. If approved by the commissioner of transportation, such

approval shall be indorsed upon such resolution and annexed thereto, and

such resolution shall thereupon be filed in the office of the department

of state and the date of such abandonment shall be as of the date of

such filing. The property of any person, taken, affected or damaged by

such abandonment, shall be deemed to be required for a public purpose,

and if such corporation, before making application to the commissioner

of transportation, shall have been unable to agree with any person

damaged or claiming to be damaged as a result of such abandonment, as to

the compensation, if any, which should justly be made therefor, such

property, when paid for by such corporation as hereinafter provided,

shall be deemed to have been taken by acquisition, and the proceeding

thereon, shall be pursuant to the eminent domain procedure law. Any

such railroad corporation shall have the right within thirty days after

filing such resolution and approval, to make application by verified

petition to a special term of the supreme court in and for the county or

one of the counties in which the portion of the route to be abandoned

may be located, to ascertain and determine the compensation, if any,

which shall justly be made for the property of any person so taken,

affected or damaged and such abandonment shall not be deemed to be

effective against such person unless and until said corporation shall

have filed in the office of the clerk of the county in which said

application shall have been made, an undertaking in an amount approved

by the court that it will pay to the person or persons determined to be

damaged by the abandonment the amounts, if any, finally awarded to him

or them in the proceedings; notice of the application shall be published

once a week for four successive weeks in two newspapers published in

said county or counties, and affidavits of such publication and the

filing of such undertaking shall be filed in the office of the

commissioner of transportation. If such corporation shall fail to file

such petition within said period of thirty days, any person or persons

claiming to be damaged, may by separate petition apply to the court to

ascertain and determine the said compensation with like effect as if

such corporation had filed its petition. Nothing in this act shall be

construed to impair or affect the rights of any lienor or mortgagee in

and to the portion of the property of said railroad or railroads

affected by said abandonment, and no such abandonment shall be consented

to as herein provided unless such liens or mortgages shall have first

been discharged of record.

3. Any domestic railroad corporation or any foreign railroad

corporation authorized to do business in this state owning at least

ninety-five percent of the outstanding shares of each class of any

domestic corporation or corporations authorized to engage in business

similar or incidental to the business which the possessor corporation is

authorized to engage in, and any domestic railroad corporation owning at

least ninety-five percent of the outstanding shares of each class of any

foreign railroad corporation authorized to do business in this state and

also authorized to engage in business similar or incidental to the

business which the possessor corporation is authorized to engage in, may

merge such corporation or corporations into itself without the

authorization of the shareholders of any such corporation, in accordance

with the procedure and with the effect set forth in article nine of the

business corporation law for the merger of subsidiary corporations.

Any bridge corporation may be merged under this paragraph with any

railroad corporation which shall have acquired the right by contract to

run its cars over the bridge of such bridge corporation.

Any omnibus corporation may be merged under this paragraph with any

railroad corporation, provided such railroad corporation shall have

substituted stages, buses or motor vehicles for cars or trains upon

tracks on any portion of its route in accordance with section one

hundred twenty-one of the transportation law.

Mergers and consolidations of certain railroad corporations.

With the consent and approval of the commissioner of transportation

pursuant to section one hundred eighty-eight of the transportation law,

a railroad corporation all of whose outstanding shares of each class are

owned by a corporation, domestic or foreign, which has as its purpose or

among its purposes a purpose for which a corporation may be formed under

the business corporation law, may merge into or consolidate with such

owning corporation, following the procedure and with the effect set out

in article nine of the business corporation law; provided, however, that

upon such merger or consolidation the surviving or consolidated

corporation, if a domestic corporation, shall not possess any of the

rights, privileges, immunities, powers and purposes of such railroad

corporation which could not be lawfully possessed by a corporation

formed under the business corporation law.

Assessment of property of new or surviving corporation. The

real estate of such new or surviving corporation, situate within this

state, shall be assessed and taxed in the several towns and cities where

the same shall be situated in like manner as the real estate of other

railroad corporations is or may be taxed and assessed, and such

proportion of the capital stock and personal property of such new or

surviving corporation shall in like manner be assessed and taxed in this

state, as the number of miles of its railroad situate in this state

bears to the total number of miles of its railroad.

Stocks of municipal corporations, how represented. At any

meeting of the stockholders of any railroad corporation to consider any

agreement or proposition of consolidation, merger, lease or conveyance,

or other matter, the commissioners or other officers of any municipal

corporation holding or having charge of any of the capital stock of such

railroad corporation shall represent such municipal corporation, and may

act and vote in person or by proxy on all matters relating to such

consolidation or lease in the same manner as individual stockholders.

Foreclosure of mortgages made by consolidated railroads partly

in the state. Whenever a railroad corporation of this or of any other

state or states whose line of road lies partly in this state and partly

in another state or states, shall have executed a mortgage upon its

entire line of railroad, and a sale of the entire line of road under

such mortgage shall have been or may hereafter be ordered, adjudged and

decreed by a court of competent jurisdiction of the state or states, or

by a court of the United States sitting within the state or states in

which the greater part of such line of railroad may be situated, upon

the confirmation of such judgment or decree, and of the sale made

thereunder, by the supreme court of this state or by the circuit court

of the United States in the judicial district in which some part of such

line of road is situated, such sale shall operate to pass title to the

purchaser, of that part of the line of railroad lying in this state,

together with its appurtenances and franchises, with the same force and

effect as if the judgment or decree under which such sale is had, had

been made by a court of competent jurisdiction of this state. Such

judgment or decree and sale may be so ordered, adjudged, decreed or

confirmed in any action or proceeding heretofore or hereafter brought in

the supreme court, or in a court of the United States sitting in this

state, for the foreclosure of such mortgage, or in aid of an action for

that purpose in such other state or states, if it shall appear that such

confirmation is for the interest of the public and of the parties, due

and lawful provision being made for and in respect of any liens upon

that part of the line of road or other property sold situate in this

state, and for such costs, expenses and charges as may appear to be just

and lawful. If a receiver of the entire line of such railroad shall have

been, or may hereafter be appointed by such court of competent

jurisdiction of the state in which the greater part of the line of

railroad is situated, or by a court of the United States sitting in such

other state, such receiver may perform, within this state, the duties of

his office not inconsistent with the laws of this state, and may sue and

be sued in the courts of this state.

Powers of corporations organized to acquire and operate

railroads partly in the state. A railroad corporation created under the

laws of the state or states in which the greater part of the line of its

railroad may be situated, or a railroad corporation heretofore or

hereafter created under this chapter or other statutes of this state,

for the purpose of taking title to, and operating, the line of road as

so sold, under a judgment or decree of a court of this state, or of a

court of the United States sitting in this state, for the foreclosure of

a mortgage, with its franchises and appurtenances, may hold, possess and

operate not only those parts of the railroad lying in other states, but

also that part of the line of such railroad lying in this state, and

shall be subject to the duties and liabilities to which such corporation

was, by the laws of this state, subject, and to such further or other

duties and liabilities as are now or may hereafter be imposed by law

upon railroad corporations of this state, and to the provisions of any

other statute of this state concerning the reorganization of

corporations. An exemplified copy of the certificate or certificates of

incorporation, under and by virtue of which any such corporation is

created in any other state, and a certified copy of the judgment or

decree of any court sitting in any other state, under which said

railroad shall have been sold, and a certified copy of the order or

judgment or decree of confirmation and approval required by the

preceding section, or of the order, judgment or decree of the court of

this state, or of the United States in this state, which decreed the

sale, confirming the same, shall be filed in the office of the

department of state for this state, and in the office of the county

clerk of the county where its principal business office in this state is

or shall be located.

This section and the preceding one shall apply in respect of decrees,

foreclosures, sales, confirmations, reorganizations and incorporations,

whether heretofore or hereafter made, provided, however, that nothing in

either of said sections shall affect any action or proceeding pending in

any court, on or before the first day of April, eighteen hundred and

ninety-six, to establish the invalidity of any foreclosure or

reorganization theretofore had, or to enforce any judgment or claim

arising before such foreclosure or reorganization.

Lease and conveyance of road. A railroad corporation may not

contract, by way of lease, agreement to convey or otherwise, with any

other such corporation for the use of their respective roads or routes,

or any part thereof, situated within this state, without the permission

and approval of the commissioner of transportation.

Mortgagee may purchase at foreclosure sale. Any mortgagee of

the property and franchises of any railroad corporation may become the

purchaser of the same at any sale thereof under the mortgage, upon

foreclosure by advertisement, or under a judgment, or decree, or

otherwise, and hold and use the same, with all the rights and privileges

belonging thereto or connected therewith for the period of six months,

and convey the same to any railroad corporation.

Acquisition and maintenance of railroad built, owned or

operated by a corporation not organized under this chapter. No railroad

corporation organized under subdivision three of section five of this

chapter shall acquire, purchase or lease or maintain and operate a

railroad already built, owned and operated by a corporation of this

state not organized under the railroad law, unless the commissioner of

transportation shall consent thereto.

Street surface railroads; general provisions. The provisions

of this article shall apply to every corporation which, under the

provisions thereof, or of any other law, has constructed or shall

construct or operate, or has been or shall be organized to construct or

operate, a street surface railroad, or any extension or extensions,

branch or branches thereof, for public use in the conveyance of persons

and property for compensation, upon and along any street, avenue, road,

highway, or private property, in any city, town or village, or in any

two or more civil divisions of the state, and every such corporation

must comply with the provisions of this article. Any street surface

railroad corporation, at any time proposing to extend its road or to

construct branches thereof, may, from time to time, make and file in

each of the offices in which its certificate of incorporation is filed,

a statement of the name and description of the streets, roads, avenues,

highways and private property in or upon which it is proposed to

construct, maintain or operate such extensions or branches. Upon filing

any such statement and upon complying with the conditions set forth in

section one hundred and seventy-one of this chapter, every such

corporation shall have the power and privilege to construct, extend,

operate and maintain such road, extensions or branches, upon and along

the streets, avenues, roads, highways and private property named and

described in its certificate of incorporation or in such statement.

Every such corporation, before constructing any part of its road upon or

through any private property described in its articles of association or

certificate of incorporation or statement, and before instituting any

proceeding for the acquisition of any real property, shall make a map

and profile of the route adopted by it upon or through any private

property, which map and profile shall be certified by the president and

engineer of the company, or a majority of its directors, and shall be

filed in the office of the clerk of the county in which the road is to

be constructed, and all provisions of section sixteen of this chapter so

far as applicable shall apply to the route so located. If any such

street surface railroad company is unable to agree for the purchase of

any such real property, or of any right or easement therein required for

the purpose of its railroad, or if the owner thereof shall be incapable

of selling the same, or if, after diligent search and inquiry, the name

and residence of such owner cannot be ascertained, it shall have the

right to acquire title thereto in the manner and by the proceedings

provided by the eminent domain procedure law. Nothing in this section

shall be deemed to authorize a street railroad corporation whose

railroad is mainly, upon, along, above or below streets and highways to

acquire real property within a city, but nothing in this section shall

apply to or affect rapid transit railways constructed, maintained or

operated under any rapid transit act.

Consent of property owners and local authorities. A street

surface railroad, or extensions or branches thereof, shall not be built,

extended or operated unless the consent in writing acknowledged or

proved as are deeds entitled to be recorded, of the owners in cities and

villages of one-half in value, and in towns, not within the corporate

limits of a city or village, of the owners of two-thirds in value, of

the property bounded on and also the consent of the local authorities

having control of that portion of a street or highway upon which it is

proposed to build or operate such railroad, extension or branch shall

have been first obtained. Such consents of property owners in the county

of Kings which shall be hereafter executed, may be forfeited unless

within sixty days after the execution thereof, the same shall be

recorded in the office of the register of such county. Such register is

hereby directed upon the payment of the proper fees to record all

consents left with him for that purpose in books to be provided by him

and paid for out of the funds provided to meet the expenses of said

office. Such books shall be indexed according to the names of the

consenting property owners and also according to the names of the

streets, roads or other highways upon which the property to which the

consent relates shall be bounded. In case the recording of such consents

shall be hindered, delayed or prevented by legal proceedings in any

court or from any other or different cause not within the control of the

corporation upon which such requirement is imposed, the time for the

performance of such act is hereby and shall be deemed to be extended for

the period covered by such hindrance, delay or prevention. The consents

of property owners in one city, village or town, or in any other civil

division of the state, shall not be of any effect in any other city,

village or town or other civil divisions of the state. Consents of

property owners heretofore obtained to the building, extending,

operating or change of motive power shall be effectual for the purposes

herein mentioned and may be deemed to be sufficiently proved and shall

be entitled to be recorded, wherever such consents shall have been

signed, executed or acknowledged before an officer authorized by law to

take acknowledgments of deeds, or before or in the presence of a

subscribing witness, and without regard to whether or not the

subscribing witness shall have affixed his signature in the presence of

the subscriber, provided that the proof of such signing, execution or

acknowledgment shall have been made by such subscribing witness in the

manner prescribed by section three hundred and four of the real property

law. In cities the common council, acting subject to the power now

possessed by the mayor to veto ordinances; in villages the board of

trustees; and in towns the superintendent of highways and the town board

shall be the local authorities referred to, except that in villages

where the control of the streets is vested in any other board or

authorities, such other board or authorities shall be the local

authorities referred to, and the consent of such other board or

authorities hereafter or heretofore obtained shall be sufficient; if in

any city or county the exclusive control of any street, avenue or other

property which is to be used or occupied by any such railroad, extension

or branch, is vested in any other authority, the consent of such

authority shall also be first obtained. The value of the property above

specified shall be ascertained and determined by the assessment-roll of

the city, village or town in which it is situated, completed last before

the local authorities shall have given their consent, except property

owned by such city, village or town, or by the state of New York, or the

United States of America, the value of which shall be ascertained and

determined by making the value thereof to be the same as is shown by

such assessment-roll to be the value of the equivalent in size and

frontage of the adjacent property on the same street or highway; and the

consent of the local authorities shall operate as consent of such city,

village or town as the owners of such property. Whenever heretofore or

hereafter a railroad has been or shall be constructed and put in

operation for one year or the motive power thereof has been or shall be

changed and put in operation for a similar length of time, such facts

shall be presumptive evidence that the requisite consents of local

authorities, property owners and other authority to the construction,

maintenance and operation of such railroad or change of motive power

have been duly obtained. No consent of local authorities given prior to

May second, nineteen hundred and one, shall be deemed invalid because of

any portion of the road or route consented to not being connected with

an existing road or route of the corporation obtaining or acquiring such

consent and all statements of extension filed under section one hundred

and seventy of this article in reference to the route or part thereof

described in any consent of local authorities are hereby ratified and

confirmed, whether the same were filed before or after the obtaining or

acquiring of such consents, provided, however, that nothing herein

contained shall be construed to affect any portion of a street surface

railroad which is now in or upon any portion of a street which is under

the jurisdiction of a park department in any city containing a

population of over twelve hundred thousand inhabitants.

Consent of local authorities; how procured. The application

for the consent of the local authorities shall be in writing and before

acting thereon such authorities shall give public notice thereof and of

the time and place when it will first be considered, which notice shall

be published daily in any city for at least fourteen days in two of its

daily newspapers if there be two, if not, in one, to be designated by

the mayor, and in any village or town for at least fourteen days in a

newspaper published therein, if any there shall be, and if none, then

daily in two daily newspapers if there be two, if not, one published in

the city nearest such village or town. Upon application for such

consent, the local authorities shall also give written notice of the

filing of such application to all common carriers operating in the town,

village or city to the local authorities of which such application is

made. Such consent must be upon the expressed condition that the

provisions of this article pertinent thereto shall be complied with, and

shall be filed in the office of the clerk of the county in which such

railroad is located. Whenever the consent of the common council of a

city is applied for, the first consideration, of which notice is hereby

required, may be by committee of such common council. Any such notice,

publication or consideration heretofore or hereafter given, made or had

in substantial conformity with the requirements of this section, is and

shall be sufficient notice, publication and consideration for all the

purposes hereof notwithstanding any conflicting provision of any local

or special act or charter.

Condition upon which consent shall be given; sale of franchise

at public auction. The consent of the local authorities in any city

having a population of three hundred thousand or more must contain the

condition that the right, franchise and privilege of using any street,

road, highway, avenue, park or public place shall be sold at public

auction to the bidder who will agree to give the city the largest

percentage per annum of the gross receipts of such corporation, with a

bond or undertaking in such form and amount and with such conditions and

sureties as may be required and approved by the comptroller or other

chief fiscal officer of the city, for the fulfillment of such agreement

and for the commencement and completion of its railroad within the time

designated by law and for the performance of such additional conditions

as the local authorities in their discretion may prescribe. Whenever

such consent shall provide for the sale at public auction of the right

to construct and operate a branch or extension of an existing railroad,

such consent shall provide that but one fare shall be exacted for

passage over such branch or extension and over the line of road which

shall have applied therefor; and further, that if such right shall be

purchased by any corporation other than the applicant, the gross

receipts from joint business shall be divided in the proportion that the

length of such extension or branch so sold shall bear to the entire

length of the road whether owned or leased which shall have applied

therefor and of such branch or extension, and that if such right shall

be purchased by the applicant, the percentage to be paid shall be

calculated on such portion of its gross receipts as shall bear the same

proportion to the whole value thereof as the length of such extension or

branch shall bear to the entire length of its road, whether owned or

leased. The bidder to which such right, franchise and privilege may be

sold must be a duly incorporated railroad corporation of this state,

organized to construct, maintain and operate a street railroad in the

city for which such consent may be given; but no such corporation shall

be entitled to bid at such sale unless at least five days prior to the

day fixed for such sale, or five days prior to the day to which such

sale shall have been duly adjourned, the corporation shall have filed

with the comptroller or other chief fiscal officer of the city, a bond

in writing and under seal, with sufficient sureties, to be approved by

such comptroller or officer, conditioned that if such right, franchise

and privilege shall be sold to such corporation, to pay to the city

where such railroad is situated the sum of fifty thousand dollars as

liquidated damages and not by way of penalty in the event of the failure

of such bidder to fulfill the terms of sale, comply with the provisions

of this article pertinent thereto, and complete and operate its railroad

according to the plan or plans and upon the route or routes fixed for

its construction within the time hereinafter designated for the

construction and completion of its railroad, and also conditioned to pay

to the corporation first applying for the consent, if it shall not be

the successful bidder, the necessary expenses incurred by such

corporation prior to the sale pursuant to the requirements and direction

of the local authorities, within twenty days after such sale and upon

the certificate of the comptroller or other officer conducting the same

as to the sum or amount to be paid. Notice of the time, place and terms

of sale, and of the route or routes to be sold, and the conditions upon

which the consent of the local authorities to the construction,

operation and extension of such street railroad will be given, must be

published by such local authorities for a least three successive weeks,

at least three times a week in two daily newspapers of the city to be

designated by the mayor. The comptroller or other chief fiscal officer

of the city shall attend and conduct such sale and may adjourn the same

from time to time, but not more than four weeks in all, unless further

adjournments should, in his discretion, be necessary by reason of the

pendency of legal proceedings, and shall cancel any bid if in excess of

the gross receipts, leaving in force the highest bid not in excess, or

if the bidder shall not have furnished adequate security entitling such

bidder to bid, or shall otherwise fail to comply with the terms and

conditions of sale, and shall resell the consent and license in the same

manner as hereinbefore provided for the first sale. The bidder who may

build and operate such railroad shall at all times keep accurate books

of account of the business and earnings of such railroad, which books

shall at all times be subject to the inspection of the local

authorities. In the event of the failure or refusal of the corporation

operating or using such railroad to pay the rental or percentages of

gross earnings agreed upon, and after notice of not less than sixty days

to pay the same, the local authorities interested therein may apply to

any court having jurisdiction upon at least twenty days' notice to such

corporation, and after it shall have had an opportunity to be heard in

its defense, for judgment declaring the consent and right to operate and

use such railroad forfeited and authorizing the sale again of the same

in the manner hereinbefore prescribed, provided, however, that no such

resale of any such consent and right heretofore granted shall be

authorized except upon the condition that the same shall be subject to

all liens and incumbrances existing on said railroads at the time such

forfeiture may have been declared. All consents hereafter given by the

local authorities, unless it be otherwise provided in such consent or in

some renewal thereof, may be forfeited at the expiration of two years

thereafter. The board of sinking fund commissioners of any city shall

have power to reduce, compromise or release any obligation or liability

to the mayor, aldermen and commonalty of such city under the provisions

of chapter six hundred and forty-two of the laws of eighteen hundred and

eighty-six, or of this chapter, whenever, in the opinion of such board,

such release or compromise shall be just or equitable, or for the public

interest, the reason for any such release or compromise to be stated in

the recorded proceedings of such board. No lease by any company

organized under section five of this chapter and owning a right,

privilege or franchise of using any street, avenue, highway or public

place for railroad purposes, which was sold prior to May nineteenth,

nineteen hundred and eight, under the provisions of this section, made

after said date to any street surface railroad company which is not

subject to the payment of any percentage pursuant to this section, and

which is not organized for the purpose of operating a railroad in a city

having a population of three hundred thousand or more, shall be valid

until the lessee company shall have filed in the office of the

department of state and in the office of the clerk of the county where

its certificate of incorporation is filed, its acceptance in writing and

under its corporate seal of the provisions of this section as now

amended; and upon such acceptance being filed, the total percentage

amount thereafter to be paid annually under this section and under

section one hundred and seventy-five of this chapter, shall be at the

rate of five per centum of the gross receipts derived from the operation

of the roads of the lessor and lessee companies considered as one

system. The lessee company, at the time of filing its acceptance

aforesaid, shall also file in the same offices a bond to the people of

the state, executed in duplicate by it and a surety company authorized

by law to act as surety on bonds and undertakings, in the penal sum of

fifty thousand dollars, and conditioned for the faithful payment

annually of the total percentage aforesaid, and such bond shall be

deemed to be a full compliance with the condition for a bond or

undertaking required by this section to be provided for in the

conditions of the consent of the local authorities and shall supersede

any such bond or undertaking theretofore given. Whenever it shall be

desired to unite two street surface railroad routes at some point not

over one-half mile from such respective lines or routes, and establish

by the construction of such connection a new route for public travel,

and the corporation or corporations owning or using such railroads shall

consent to operate such connection as a part of a continuous route for

one fare, and it shall appear to the local authorities that such

connection cannot be operated as an independent railroad without

inconvenience to the public, but that it is to the public advantage that

the same should be operated as a continuous line or route, with existing

railroads, or whenever for the purpose of connecting with any ferry or

railroad depot, it shall be desired to construct an extension or branch

not more than one-half mile in length, of any street surface railroad

corporation, no sale of such franchise shall be made as provided in this

section, but any consent of the local authorities for the construction

and operation of such connection, extension or branch shall provide that

the corporation or corporations operating such connection, extension or

branch shall pay into the treasury of said city annually the percentage

provided for extensions or branches in section one hundred and

seventy-five of this chapter, for the purposes, at the times, in the

manner and upon the conditions set forth in such section. Nothing herein

contained shall be construed as superseding, repealing or modifying any

provision of the charter of any city, village or town, nor as modifying

or affecting the terms of a certain contract bearing date January first,

eighteen hundred and ninety-two, entered into by and between the city of

Buffalo and the various street surface railroad corporations therein

named in said contract, nor as modifying or affecting the terms of a

certain contract bearing date the twenty-fifth day of February, eighteen

hundred and ninety, entered into by and between the city of Rochester

and the street surface railroad corporation therein named, nor as

modifying or affecting any contract heretofore entered into between a

street surface railroad corporation and any city having a population of

less than fifty thousand, town or village regulating the payment of

percentages or paving of streets, and any such city, town or village, is

hereby authorized to enter into any such form of contract with any

street surface railroad corporation, and any such contract entered into

before said date is hereby ratified and confirmed. The local authorities

may, in their discretion, make their consent to depend upon any further

conditions respecting other or further security, or deposit, suitable to

secure the construction, completion and operation of the railroad within

any time not exceeding the period prescribed in this article and

respecting the character, quality or motive power of the road to be

completed and respecting the grouping of streets, avenues and highways

into one route, or into several routes, for the purpose of a single sale

of the franchise, right or privilege for all the routes collectively, or

of the separate sale for each route or street, as said local authorities

may think expedient, and respecting the payment of the percentage agreed

to be paid at the sale upon all the lines operated by the successful

bidder within the city and respecting any matter involved in or

affecting the computation of percentage payments and respecting the use

of the railroads to be constructed under the consent by any other

company and respecting the interchange of traffic and division of fares

between the company operating such railroads and any other company, and

respecting the application of any provision herein contained as to

carriage of passengers for single fare and the division of gross

receipts and the payment of percentages to the line leased or operated

under contract by the applicant for an extension, and also respecting

any other matter concerning which, in their judgment, further conditions

would be for the public interest. Nothing herein contained shall apply

to, or affect any grant hereafter made under the provisions of title

one, chapter three of chapter three hundred and seventy-eight of the

laws of eighteen hundred and ninety-seven and the amendments thereto

known as the Greater New York charter.

The term "terminable permit" as used in this article shall

mean and embrace every grant from a city, town or village of power,

right or privilege to occupy or use any of the streets, roads, highways,

avenues, parks or public places of such city, town or village for the

construction and operation of a street surface railroad, until such time

as the city, town or village shall exercise its right to purchase the

property, plant and equipment of such street surface railroad in

accordance with the provisions of sections one hundred and

seventy-three-a to one hundred and seventy-three-h, both inclusive, of

this article, or until it shall be otherwise terminated according to

law.

Every city, town and village of this state, in addition to

such powers as it may have relating to the granting of rights,

privileges, franchises, powers or consents to use the streets, roads,

highways, avenues, parks or public places for the construction and

operation of street surface railroads within its corporate limits, shall

have power, subject to the provisions of sections one hundred and

seventy-three-a to one hundred and seventy-three-h, both inclusive, of

this article, to grant to a duly incorporated railroad corporation of

this state, organized to construct, maintain and operate a street

surface railroad, a terminable permit to occupy or use any of the

streets, roads, highways, avenues, parks or public places of such city,

town or village for the construction and operation of a street surface

railroad, and to agree upon and contract for the terms and conditions

thereof; provided that no street surface railroad or extensions or

branches thereof shall be built, extended or operated unless the

conditions set forth in section one hundred and seventy-one of this

article have been complied with.

Every city, town and village of this state shall have power,

subject to the provisions of sections one hundred and seventy-three-a to

one hundred and seventy-three-h, both inclusive, of this article, to

enter into an agreement for the purchase of and to acquire by purchase

all or any part of the property, plant and equipment of a street surface

railroad, actually used and useful for the convenience of the public,

operating under any terminable permit as herein provided, and upon the

purchase thereof to operate such street surface railroad or part

thereof, or to contract with any person, firm or corporation for the

equipment, maintenance and operation thereof.

Whenever any street surface railroad is or may be operated

along or upon any of the streets, roads, highways, avenues, parks or

public places of any city, town or village, as to the construction and

operation of which railroad the conditions set forth in section one

hundred and seventy-one of this article have been complied with, or as

to which such conditions are inapplicable, every such city, town or

village shall have power to amend any existing license, grant, franchise

or permit, or any of the terms, provisions or conditions thereof,

whether granted by municipal authority or directly or indirectly by the

state or otherwise, or any consent of local authorities, or any of the

terms, provisions or conditions thereof, relating to the construction

and operation of such railroad; and every city, town and village of this

state shall have power by amendment to incorporate in any such license,

grant, franchise, permit or consent all or any of the terms, agreements,

stipulations and conditions of a terminable permit as herein authorized

and defined; provided, however, that the amendment of any such license,

grant, franchise, permit or consent shall only be made with the consent

and agreement of the person, firm or corporation owning such license,

grant, franchise, permit or consent or operating the street surface

railroad thereunder.

The acceptance of a terminable permit, or the acceptance of

an amendment to any existing license, grant, franchise, permit or

consent incorporating therein the terms of a terminable permit, shall

constitute a consent by the street surface railroad corporation or

corporations, or other person, firm or corporation so accepting the same

to the purchase by the city, town or village of all or any part of the

street surface railroad property, plant and equipment actually used and

useful for the public and situated within the corporate limits of the

city, town or village, as provided for in this article.

Every terminable permit, and every amendment to any existing

license, grant, franchise, permit or consent incorporating therein the

terms of a terminable permit, shall contain an irrevocable option for

the purchase by the city, town or village, either directly or through

its nominee or nominees, of all or any part of the property, plant and

equipment of the street surface railroad at any time, at a price agreed

upon or to be ascertained and determined in a manner agreed upon at the

time of the granting of the permit or amendment and to be set forth

therein. Any such permit or amendment may contain provisions for

amortizing out of earnings or in accordance with an amortization

schedule or schedules to be set forth therein, over a period not

exceeding fifty years, the price to be paid for all or such part of the

property, plant and equipment of the street surface railroad and for any

additions thereto or betterments or improvements thereof, so that upon

the exercise of the option the city, town or village, or its nominee or

nominees, shall be required to pay only the unamortized portion of such

price, and may contain any other terms, agreements, stipulations and

conditions as may be authorized by any statute of the state, or as the

city, town or village may deem proper and in the public interest, and

may provide for the termination thereof for any legal cause.

Approval of permit or amendment by commissioner of

transportation. No terminable permit and no amendment to any existing

license, grant, franchise, permit or consent incorporating therein the

provisions of a terminable permit, shall become operative or effective

until it shall have been approved by the commissioner of transportation.

The commissioner of transportation shall have power to approve any such

terminable permit or amendment, and, upon approval by him, every such

terminable permit or amendment shall be valid and binding as between the

parties thereto as of, from and on the day of the date of the execution

thereof, in all respects and for all purposes therein expressed.

Existing license, grant, franchise, permit or consent

reinstated on invalidity of amendment. In the event that an amendment

to any existing license, grant, franchise, permit or consent shall

subsequently be declared invalid for any reason, or in the event of the

failure of the approval thereof by the commissioner of transportation

under the transportation law, the existing license, grant, franchise,

permit or consent amended thereby shall, by operation of law be

reinstated in full force and with like effect as though the same had not

been amended.

Proceedings if property owners do not consent. If the consent

of property owners required by any provision of this article can not be

obtained, the corporation failing to obtain such consents may apply to

the appellate division of the supreme court held in the department in

which it is proposed to construct its road for the appointment of three

commissioners to determine whether such railroad ought to be constructed

and operated. Notice of such application must, at least ten days prior

thereto, be served, personally, upon each nonconsenting property owner

by delivering the same to the person to whom such property is assessed

upon such assessment-roll or by duly mailing the same, properly folded

and directed, to such property owner at his post-office address with the

postage prepaid thereon. If the person upon whom service is to be made

is unknown, or his residence and post-office address are unknown and can

not by reasonable diligence be ascertained, service of such notice may

be made by publishing the same in such newspaper of the county as the

court may direct, at least once a week for two successive weeks. Upon

due proof of service of such notice the court to which the application

is made shall appoint three disinterested persons, who shall act as

commissioners, and who shall, within ten days after their appointment,

cause public notice to be given of their first meeting in the manner

directed by the court, and may adjourn from time to time, until all

their business is completed. Vacancies may be filled by the court after

such notice to parties interested as it may deem proper to be given; and

the evidence taken before as well as after the happening of the vacancy

shall be deemed to be properly before such commissioners. After a public

hearing of all parties interested, the commissioners shall determine

whether such railroad ought to be constructed and operated, and shall

make a report thereon, together with the evidence taken, to the

appellate division, within sixty days after appointment, unless the

court, or a judge thereof, for good cause shown, shall extend such time;

and their determination that such road ought to be constructed and

operated, confirmed by such court, shall be taken in lieu of the consent

of the property owners hereinbefore required. The commissioners shall

each receive ten dollars for each day spent in the performance of their

duties and their necessary expenses and disbursements, which shall be

paid by the corporation applying for their appointment.

Percentage of gross receipts to be paid in cities or villages;

report of officers. Every corporation building or operating a railroad

or branch or extension thereof, under the provisions of this article, or

of chapter two hundred and fifty-two of the laws of eighteen hundred and

eighty-four, within any city of the state having a population of twelve

hundred thousand or more, shall, for and during the first five years

after the commencement of the operation of any portion of its railroad

annually, on November first, pay into the treasury of the city in which

its road is located, to the credit of the sinking fund thereof, three

per centum of its gross receipts for and during the year ending

September thirtieth next preceding; and after the expiration of such

five years, make a like annual payment into the treasury of the city to

the credit of the same fund, of five per centum of its gross receipts.

If a street surface railroad corporation existing and operating any such

railroad in any such city on May sixth, eighteen hundred and

eighty-four, shall have thereafter extended its tracks or constructed

branches therefrom, and shall operate such branches or extensions under

the provisions of chapter two hundred and fifty-two of the laws of

eighteen hundred and eighty-four, or of this article, such corporation

shall pay such percentages only upon such portions of its gross receipts

as shall bear the same proportion to its whole gross receipts as the

length of such extension or branches shall bear to the entire length of

its line. In any other incorporated city or village the local

authorities shall have the right to require, as a condition to their

consent to the construction, operation or extension of a railroad under

the provisions of this article, the payment annually of such percentage

of gross receipts, not exceeding three per centum, into the treasury of

the city or village as they may deem proper. In case of extension the

amount to be paid shall be ascertained in the manner heretofore

provided. The corporation failing to pay such percentage of its gross

earnings shall, after November first, pay in addition thereto five per

centum a month on such percentage until paid. The president and

treasurer of any corporation required by the provisions of this article

to make a payment annually upon its gross receipts shall, on or before

November first in each year, make a verified report to the comptroller

or chief fiscal officer of the city of the gross amount of its receipts

for the year ending September thirtieth, next preceding, and the books

of such corporation shall be open to inspection and examination by such

comptroller or officer, or his duly appointed agent, for the purpose of

ascertaining the correctness of its report as to its gross receipts.

The corporate rights, privileges and franchises acquired under this

article or such chapter by any corporation, which shall fail to comply

with all the provisions of this section, shall be forfeited to the

people of the state, and upon judgment of forfeiture rendered in an

action brought in the name of the people by the attorney-general, shall

cease and determine.

Extension of route over rivers; terminus in other counties;

when property owners withhold consent; supreme court may appoint

commissioners. Any street railroad in operation in this state, which

shall, by a two-thirds vote of its directors, decide to extend the route

of its road, so as to cross a river over and by any bridge now or

hereafter constructed under the provisions of any law of this state, may

so extend its route over and across such bridge upon such terms as may

be mutually agreed upon between it and such bridge company, and may

locate the terminus of its road in the county adjoining the one in which

its road is now located and in operation, upon first obtaining the

consent of such bridge company or its lessees, and the consent of the

owners of one-half in value of the property bounded on, and the consent

also of the local authorities having the control of that portion of a

street or highway upon which it is proposed to construct or operate such

railroad, or in case the consent of such property owners can not be

obtained the appellate division of the supreme court in the district in

which it is proposed to be constructed may, upon application, appoint

three commissioners, who shall determine after a hearing of all parties

interested, whether such railroad ought to be constructed, or operated,

and their determination, confirmed by the court, may be taken in lieu of

the consent of the property owners. Whenever a terminus of any public

viaduct, bridge or bridges, or public viaduct connected with any bridge

or bridges, heretofore or hereafter constructed in and owned and

maintained by any city having a population of three hundred thousand or

more, or by any town adjoining the same, is or shall be located at or

adjacent to or within one-half mile of the route of any existing street

surface railroad, the corporation owning or operating such railroad may,

irrespective of any provisions otherwise applicable thereto contained in

any general or local act, upon obtaining the consent of the local

authorities and property owners as above provided, and upon complying

with the provisions of this chapter applicable thereto, extend its road

or route and construct and operate its railroad, to, upon and across

such viaduct, bridge or bridges and approaches thereto for the purpose

of connecting with another railroad route not more than one-half mile

distant from such bridge or viaduct so as to afford a continuous ride

for one fare, subject to the provisions of this chapter, or for the

purpose of reaching the depot, station or terminus of another railroad

not more than one-half mile distant from such bridge or viaduct. This

section shall not apply to any bridge over the Hudson or East rivers in

the counties of New York and Kings, nor to any bridge or viaduct

constructed under the provisions of any so-called grade crossing law.

Use of tracks of other roads. Any railroad corporation in this

state, whose cars are run and operated by horses or other motive power,

authorized by this article, upon the surface of the street, excepting in

the county of New York, may, for the purpose of enabling it to connect

with and run and operate its cars between its tracks, and a depot or

car-house owned by it, run upon, intersect, and use, for not exceeding

five hundred feet, the tracks of any other railroad corporation, the

cars of which are run and operated in like manner with the necessary

connections and switches for the proper working and accommodation of the

cars upon such tracks, and in connection with such depot or car-house,

upon paying therefor such compensation as it may agree upon with the

corporation owning the tracks to be so run upon, intersected, and used;

and in case such corporations can not agree upon the amount of such

compensation, the same shall be ascertained and determined in the manner

prescribed in the eminent domain procedure law.

Repair of streets; rate of speed; removal of ice and snow.

Every street surface railroad corporation, so long as it shall continue

to use or maintain any of its tracks in any street, avenue or public

place in any city or village, shall have and keep in permanent repair

that portion of such street, avenue or public place between its tracks,

the rails of its tracks, and two feet in width outside of its tracks,

under the supervision of the proper local authorities, and whenever

required by them to do so, and in such manner as they may prescribe; but

nothing contained in this section shall require any street railroad

corporation to make pavements or repairs over openings made in the

streets by any person, municipality or corporation other than such

street railroad corporation, for any purpose other than the pavement or

repavement of the street. In case of the neglect of any corporation to

make pavements or repairs after the expiration of twenty days' notice to

do so, the local authorities may make the same at the expense of such

corporation, and such authorities may make such reasonable regulations

and ordinances as to the rate of speed, mode and use of tracks, and

removal of ice and snow, as the interest or convenience of the public

may require. A corporation whose agents or servants wilfully or

negligently violate such an ordinance or regulation shall be liable to

such city or village for a penalty not exceeding five hundred dollars,

to be specified in such ordinance or regulation.

Headlights. Whenever the tracks of any street surface railway

shall be laid upon the side of the roadway of any public highway or

street, the headlights of such street surface railway shall be so

arranged, adjusted and operated that no dazzling or dangerous beams of

light shall be thrown upon the traveling portion of such highway.

Whenever the rails of such street surface railway are laid upon any

portion of the improved roadway, such headlights shall be so arranged,

adjusted and operated that no dangerous or dazzling light, when measured

seventy-five feet or more ahead of the lamp or car, shall rise above

forty-two inches on the level surface upon which the car stands. Any

person or corporation violating the provisions of this section shall be

liable to a penalty of one hundred dollars for each day such violation

continues.

Within what time road to be built. In case any street surface

railroad corporation shall not commence the construction of its road, or

of any extension or branch thereof, within one year after the consent of

the local authorities and property owners or the determination of the

appellate division of the supreme court as herein required, shall have

been given or renewed, and shall not complete the same within three

years after such consents or determination shall have been obtained, its

rights, privileges and franchises in respect of such railroad or

extension or branch, as the case may be, may be forfeited. If the

performance of any act required by this chapter or any prior acts within

the times therein prescribed, is hindered, delayed or prevented by legal

proceedings in any court, such court may also extend such time for such

period as the court shall deem proper or if the performance of any act

required by said statutes within the times therein prescribed is

hindered, delayed or prevented by works of public improvement, or from

any other or different cause, not within the control of the corporation

upon which such requirement is imposed, the time for the performance of

such act is hereby and shall be deemed to be extended for the period

covered by such hindrance, delay or prevention. The time for compliance

with any requirement in this or any former act, by a street surface

railroad corporation incorporated for the purpose of constructing a

street surface railroad and which has prior to March twenty-fifth,

nineteen hundred and two, obtained or shall prior to June thirtieth,

nineteen hundred and three, obtain such consents or determination is

hereby extended until June thirtieth, nineteen hundred and four.

Motive power. Any street surface railroad may operate any

portion of its road by cable, electricity, or any power other than

locomotive steam power, which said locomotive steam power is primarily

generated by the locomotive propelling the cars, and in the use of which

either escaping steam or smoke is visible, which may be approved by the

commissioner of transportation and consented to by the owners of

one-half of the property bounded on that portion of the railroad, with

respect to which a change of motive power is proposed; and if the

consent of such property owners can not be obtained, the determination

of three disinterested commissioners, appointed by the appellate

division of the supreme court of the department in which such railroad

is located, in favor of such motive power, confirmed by the court, shall

be taken in lieu of the consent of the property owners. The consent of

the property owners shall be obtained and the proceedings for the

appointment and the determination of the commissioners and the

confirmation of their report shall be conducted in the manner prescribed

in sections one hundred and seventy-one and one hundred and seventy-four

of this article, so far as the same can properly be made applicable

thereto. Any railroad corporation making a change in its motive power

under this section, may make any changes in the construction of its road

or roadbed or other property rendered necessary by the change in its

motive power. Where a street surface railroad in the counties of

Herkimer and Hamilton is located wholly outside the limits of an

incorporated city or village, such railroad may, with the approval of

the commissioner of transportation, be operated by locomotive steam

power, provided that such steam power is generated by oil from and

including April fifteenth to and including November thirtieth, and by

either oil or coal from and including December first to and including

April fourteenth.

Rate of fare. No corporation constructing and operating a

railroad under the provisions of this article, or of chapter two hundred

and fifty-two of the laws of eighteen hundred and eighty-four, shall

charge any passenger more than five cents for one continuous ride from

any point on its road, or on any road, line or branch operated by it, or

under its control, to any other point thereof, or any connecting branch

thereof, within the limits of any incorporated city or village. Not more

than one fare shall be charged within the limits of any such city or

village, for passage over the main line of road and any branch or

extention thereof if the right to construct such branch or extension

shall have been acquired under the provisions of such chapter or of this

article; except that in any city having a population of less than fifty

thousand, or in any incorporated village, it shall be lawful for such

corporation to charge and collect as a maximum rate of fare for each

passenger, ten cents, where such passenger is carried in a car which

overcomes an elevation of at least four hundred and fifty feet within a

distance of one and a half miles. This section shall not apply to any

part of any road constructed prior to May sixth, eighteen hundred and

eighty-four, and then in operation, unless the corporation owning the

same shall have acquired the right to extend such road, or to construct

branches thereof under such chapter, or shall acquire such right under

the provisions of this article, in which event its rate of fare shall

not exceed its authorized rate prior to such extension. The legislature

expressly reserves the right to regulate and reduce the rate of fare on

any railroad constructed and operated wholly or in part under such

chapter or under the provisions of this article; and the commissioner of

transportation shall possess the same power, to be exercised as

prescribed in the transportation law.

Collection of fare. It shall be unlawful for any corporation,

or an employee thereof, operating a street surface railroad, or a branch

thereof, on which the motive power is electricity, which road or branch

is operated wholly or in part in a city having at least one million

inhabitants and which crosses the boundaries of such city, to collect

fare of a passenger more than once for and during one continuous ride on

a single car or train; excepting that fare may be once collected

separately outside the city limits for passenger service to or from such

limits, and once separately within the city for the service therein. A

person or corporation violating the provisions of this section shall be

liable to a penalty of twenty-five dollars for each violation,

recoverable by the passenger aggrieved thereby.

Construction of road in street where other road is built. No

street surface railroad corporation shall construct, extend or operate

its road or tracks in that portion of any street, avenue, road or

highway, in which a street surface railroad is or shall be lawfully

constructed, except for necessary crossings, or, in cities, villages and

towns of less than one million two hundred and fifty thousand

inhabitants over any bridges, without first obtaining the consent of the

corporation owning and maintaining the same, except that any street

surface railroad company may use the tracks of another street surface

railroad company for a distance not exceeding one thousand feet, and if

in a city having a population of less than thirty-five thousand

inhabitants, for a distance not exceeding fifteen hundred feet, and in

cities, villages and towns of less than one million two hundred and

fifty thousand inhabitants, shall have the right to lay its tracks upon,

and run over and use any bridges used wholly or in part as a footbridge,

whenever the court upon an application shall be satisfied that such use

is actually necessary to connect main portions of a line to be

constructed or operated as an independent railroad, or to connect said

railroad with a ferry, or with another existing railroad, and that the

public convenience requires the same, in which event the right to use

shall only be given for a compensation to an extent and in a manner to

be ascertained and determined by the supreme court pursuant to the

provisions of the eminent domain procedure law, or by the commissioner

of transportation in cases where the corporations interested shall unite

in a request for such commissioner of transportation to act. The supreme

court in determining the compensation to be paid for the use by one

corporation of the tracks of another shall consider and allow for the

use of the tracks for all injury and damage to the corporation whose

tracks may be so used. Any street surface railroad corporation may, in

pursuance of a unanimous vote of the stockholders voting at a special

meeting called for that purpose by notice in writing, signed by a

majority of the directors of such corporation, stating the time, place

and object of the meeting, and served upon each stockholder appearing as

such upon the books of the corporation, personally or by mail, at his

last known post office address, at least sixty days prior to such

meeting, guarantee the bonds of any other street surface railroad

corporation whose road is fully or partly in the same city or town or

adjacent cities or towns. Notwithstanding any of the provisions

contained in this section, any street surface railroad corporation

having a franchise to construct, maintain and operate in any city by

underground electric power over any one street or avenue for a distance

of more than three miles thereon, and operating under such franchise by

underground electric power on such street or avenue over tracks which

extend more than four thousand feet on each end of the tracks of another

street surface railroad corporation located on such street or avenue and

operated by underground electric power, may use the tracks of such other

street surface railroad corporation located on such street or avenue for

a distance not exceeding two thousand five hundred feet, and shall pay

therefor such compensation as may be agreed upon between such street

railroad corporations, or if such street railroad corporations can not

so agree, such compensation shall be ascertained and determined by the

supreme court pursuant to the provisions of the eminent domain procedure

law.

Abandonment of part of route. Any street surface railroad

corporation may declare any portion of its route which it may deem no

longer necessary for the successful operation of its road and

convenience of the public to be relinquished or abandoned. Such

declaration of abandonment must be adopted by the board of directors of

the corporation under its seal, which shall be submitted to the

stockholders thereof at a meeting called and conducted in the same

manner as required by law for meetings of stockholders for the approval

of leases by railroad corporations for the use of their respective

roads. If the stockholders shall, at such meeting, ratify and adopt such

declaration of abandonment, the secretary of the company shall so

certify under the seal of the corporation, upon such declaration. Such

declaration shall then be submitted to the commissioner of

transportation for his approval, and if approved by the commissioner of

transportation, such approval shall be indorsed thereon or annexed

thereto and the declaration so certified and indorsed shall be filed in

the office of the department of state, and from the time of such filing,

such portion of the route designated in the declaration shall be deemed

to be abandoned.

Effect of dissolution of charter as to consents. Whenever any

street surface railroad corporation shall have been dissolved or

annulled, or its charter repealed by an act of the legislature, the

consent of owners of property bounded on, and the consent of the local

authorities having the control of that portion of a street or highway

upon which the railroad of such corporation shall have been theretofore

constructed and operated, and the order of the appellate division

confirming the report of any commissioner that such railroad ought to be

constructed or operated, shall not, nor shall either thereof, be deemed

to be in any way impaired, revoked, terminated or otherwise affected by

such act of dissolution, annulment or repeal, but the same and each

thereof shall continue in full force, efficacy and being. The right to

the further enjoyment and to the use thereof, subsequent to such act of

dissolution, annulment or repeal, and of all the powers, privileges and

benefits therein or thereby created, shall be sold at public auction by

the local authorities within whose jurisdiction such railroad shall be,

in the same manner as is provided in section one hundred and

seventy-three of this article. When such sale shall have been so made,

the purchaser thereat shall have the right to the further enjoyment and

use of such consents and orders, and of each thereof, and of all the

powers, privileges and benefits therein or thereby created, in like

manner as if such purchaser had been originally named in such consents,

reports and orders; if such purchaser shall be otherwise authorized by

law to construct, maintain and operate a street surface railroad within

the municipality within which such railroad shall be.

Corporate rights saved in case of failure to complete road;

right to operate branches; conditions; former consents ratified;

limitations. The corporate existence and powers of every street surface

railroad corporation, which has completed a railroad upon a substantial

portion of the route designated in its certificate of incorporation, or

of extension, within ten years from the date of filing such certificate

in the office of the department of state, and which was operating such

completed portion of its railroad on the twenty-third day of March,

nineteen hundred and twelve, and had operated a portion of the same

continuously for a period of five years immediately preceding said date,

shall continue as to the completed portion of said road only with like

force and effect, as though it had in all respects complied with the

provisions of law with reference to the time when it should have fully

completed its road, or such extension. Every such corporation shall have

the right to operate any extensions and branches of its railroad, now

constructed and operated by it, which had been so constructed and

operated by it, for a period of ten years immediately preceding said

twenty-third day of March, nineteen hundred and twelve, with like force

and effect, as though the route of such extensions and branches were

designated in its certificate of incorporation.

But every such street surface railroad corporation is authorized to

operate such railroad and any extensions or branches thereof, upon

condition that it has heretofore obtained, or shall hereafter obtain,

the consent of the local authorities having the control of that portion

of the streets, avenues or highways included in such railroad, or any

extension or branch thereof, to the construction and operation of the

same, and also upon the condition that it has heretofore obtained or

shall hereafter first obtain the consent of the owners of one-half in

value of the property bounded on the portion of the streets, avenues or

highways included in the route of such railroad, or any extensions or

branches thereof, to the construction and operation of the same, or in

case the consent of such property owners can not be obtained, the

appellate division of the supreme court of the department in which such

railroad or any extension or branch thereof is located, may, upon

application, appoint three commissioners who shall determine, after a

hearing of all the parties interested, whether such railroad ought to be

constructed or operated, and their determination, confirmed by the

court, may be taken in lieu of the consent of the property owners. If

any street surface railroad corporation shall have made and filed a

statement or statements of proposed extensions or branches embracing a

line from the boundary of a city or village to the boundary of another

city or village generally parallel with the route specified in its

certificate of incorporation and generally distant not more than

one-half mile therefrom, and shall have made and filed an agreement of

consolidation with some other street surface railroad corporation formed

to build a street railroad upon a route continuous or connecting with

one or more of the routes described in such statement or statements of

proposed extensions or branches, and thereafter there shall have been

constructed and operated for a period of four years a street surface

railroad from such city or village to such other city or village upon a

line embraced in any such proposed extensions or branches, such

consolidated corporation may relinquish and abandon any unconstructed

route or unconstructed portions of route specified in the certificate of

incorporation or in any statements or proposed extensions or branches of

such first mentioned corporation by filing in the office of the

department of state a copy of a resolution of the board of directors of

such consolidated corporation certified by its president and secretary,

declaring such unconstructed route or unconstructed portions of route

relinquished or abandoned, and thereupon the corporate rights, powers

and franchises of such consolidated corporation shall be and continue

the same as though the certificate of incorporation of such constituent

corporation had specified the constructed and not the unconstructed

portions of such route and proposed extensions and branches. All

consents given, or grants made by local authorities having the control

of the portion of any street, avenue or highway included in the route of

such railroad, or any extensions or branches thereof, to any such street

surface railroad corporation, prior to March twenty-third, nineteen

hundred and twelve, are hereby ratified and confirmed and declared

valid. This section shall not apply to or affect any railroad

corporation in the city of New York; nor any special grant made to or

authority conferred upon any street surface railroad corporation by any

law of this state; nor any litigation pending on March twenty-third,

nineteen hundred and twelve; nor shall it impair rights, privileges, or

franchises existing on said date of any street surface railroad

corporation.

Extensions and franchises confirmed. Any street surface

railroad corporation which had prior to the tenth day of May, eighteen

hundred and ninety-three, constructed and was on that date operating any

extension or branch of its railroad along any streets or highways or

portion thereof in a city having less than fifty thousand inhabitants,

or in any town adjoining such city, and which had prior to said date

obtained consent of the owners of one-half in value of the property

bounded on, and the consents also of the local authorities having

control of that portion of the streets, roads or highways upon which

such extension or branch was constructed and being operated to the

construction and operation of the same, is hereby authorized to operate

and maintain any such branch or extension, upon filing in the office of

the secretary of state a certificate, signed by its board of directors,

which certificate shall contain a statement of the names of the cities,

towns, villages and counties, and the names or description of the

streets, avenues and highways in which such extensions or branches have

been constructed, the places from and to which the same have been

constructed, and are to be maintained and operated and the length

thereof, as near as may be; thereupon said extensions and branches shall

be deemed and considered a part of the lines of said railroad from the

date of the filing thereof, and all corporate action relating to the

construction, maintenance and operation of such extensions or branches,

or creating liens upon the same by said corporation, are hereby

validated and confirmed. Nothing in this section contained shall affect

or impair any vested right or any litigation pending on said tenth day

of May, eighteen hundred and ninety-three, nor shall any corporation

which shall avail itself of the provisions of this section be deemed

thereby to have waived any rights which it therefore had to maintain and

operate any branches or extension named in any certificate filed by it

hereunder.

Certain consents of local authorities confirmed. All consents

given since December first, eighteen hundred and ninety-five, and prior

to February first, eighteen hundred and ninety-six, by the local

authorities of any city having a population of fifty thousand or more,

to the construction, operation and maintenance of a street surface

railroad in any such city by a railroad corporation which has not

complied with the provisions of section nine of this chapter, or has

failed to obtain the certificate therein provided for, are hereby

validated and confirmed, and any such corporation may construct, operate

and maintain a street surface railroad over, along and upon the streets,

avenues, highways and public places described in such consent, upon

obtaining the consent of the owners of property bounded on such streets,

avenues, highways or public places as provided by law.

Time extended for payment of percentage based on gross

receipts. Every corporation building or operating a street surface

railroad, or a branch or extension thereof, under the provisions of this

article, or chapter two hundred and fifty-two of the laws of eighteen

hundred and eighty-four, which, at any time during the period of six

years prior to January first, nineteen hundred and one, became liable to

pay any percentage based upon the gross receipts of said corporation,

under the provisions of section one hundred and seventy-five of this

article, and which heretofore has paid or hereafter shall pay,

separately or together, the amount of such percentage and, in addition

thereto, interest thereon at the rate of seven per centum per annum,

computed from the time such percentage became due by said section one

hundred and seventy-five up to the time such percentage was or shall be

paid, by virtue of such payment or payments, shall be discharged of

liability with the same force and effect as if the amount of such

percentage had been paid upon the date when it first became due under

the provisions of the said section of this article.

Road not to be constructed upon ground occupied by public

buildings or in public parks. No street surface railroad shall be

constructed or extended upon ground occupied by buildings belonging to

any town, city, county or to the state, or to the United States, or in

public parks, except in tunnels to be approved by the local authorities

having control of such parks. Provided, however, that the commissioners

of the state reservation at Niagara, by and with the consent of the

commissioners of the land office, may construct, without expense to the

state, street railroad tracks upon and along that part of the riverway,

so called, between Falls and Niagara streets, in the city of Niagara

Falls, and in their discretion may grant revocable licenses to street

surface railroad companies to use such tracks upon such terms as said

commissioners may prescribe. And provided, further, that a street

railroad may be constructed or extended upon a route or routes with a

right of way not exceeding fifty feet in width in the Pelham Bay park in

the city of New York, said route or routes to be designated and fixed by

the board of estimate and apportionment of said city, with the approval

of the park board of said city, and shall constitute the most direct,

appropriate route or routes in the opinion of said board of estimate and

apportionment and said park board, but no such street surface railroad

shall be constructed or extended until a franchise or right therefor

shall have been granted by said board of estimate and apportionment,

pursuant to the statutes relating to the granting of such franchises or

rights, and requiring adequate compensation therefor, and no company or

corporation shall be given the exclusive right to operate a street

surface railroad upon such route or routes, and no such street surface

railroad shall be constructed at grade upon, along or across any of the

existing or proposed streets, highways, driveways, parkways or park

walks within the limits of said park.

Center-bearing rails prohibited. No street surface railroad

corporation shall hereafter lay down in the streets of any incorporated

city or village of this state what are known as "center-bearing" rails;

but in all cases, whether in laying new track or in replacing old rails,

shall lay down "grooved" or some other kind of rail not "center-bearing"

approved by the local authorities. Such grooved or other rail shall be

of such shape and so laid as to permit the paving-stones to come in

close contact with the projection which serves to guide the flange to

the car wheel. Where in any city, the duty of repairing and repaving

streets, as distinguished from the authorization of such paving,

repairing and repaving, is by law vested in any local authority other

than the common council of such city, such other local authority shall

be the local authority referred to in this section.

Relocation of tracks. In any city having a population of one

million or more, the board of estimate of such city, or if there be no

board of estimate, the local authorities of such city having control of

the streets shall have the power to apply to the commissioner of

transportation for an order directing any street railroad corporation to

change the location of its tracks within any street or highway forming a

part of its route in a borough of such city containing not less than

three hundred thousand or more than six hundred thousand inhabitants,

where in the judgment of such commissioner of transportation the

relocation of such tracks is necessary in connection with the

maintenance, widening, change of grade, setting back of curb lines or

other proper improvement of such street or highway. Any street railroad

corporation operating as aforesaid, shall, at such time as the

commissioner of transportation shall direct, start work upon the change

of the location of its tracks to the place and in the manner directed by

the commissioner of transportation and shall complete such change within

a reasonable time thereafter. The relocation of any track in accordance

with the provisions of this section shall not limit, change or in any

wise affect or prejudice the existing rights or franchises of any street

railroad corporation, and such corporation shall have the same right to

operate its railroad on the relocated route in the same manner and to

the same extent as it had the right so to do on the original route.

The cost and expense of the relocation of such railroad tracks shall

be imposed and borne in such manner as the commissioner of

transportation may determine before, during or subsequent to such

relocation. In determining such cost and expense, such commissioner of

transportation may take into consideration the fact that such road was

located before such street was laid out.

Right to cross bridge substituted for a bridge crossed for five

years. Should any street surface railroad company have crossed any

bridge as a part of its route for a period of more than five years and

should any other bridge be substituted therefor at any time, such

company shall have the right to cross such substituted bridge and to lay

and use tracks thereon for the transit of its cars and to make all

changes and extensions of its route subject to all the provisions of

this chapter, as the convenient operation of its cars and public

convenience may require.

Protection of employees. Every corporation operating a street

surface railroad in this state, except such as operate a railroad or

railroads either in the borough of Manhattan or Brooklyn, in the city of

New York, shall cause the front and rear platforms of every passenger

car propelled by electricity, cable or compressed air, operated on any

division of such railroad which extends in or between towns or outside

of city limits, during the months of December, January, February and

March, except cars attached to the rear of other cars, to be inclosed

from the fronts of the platforms to the fronts of the hoods, so as to

afford protection to any person stationed by such corporation on such

platforms to perform duties in connection with the operation of such

cars. Every corporation or person using and operating a car in violation

of this section shall be liable to a penalty of twenty-five dollars per

day for each car so used and operated, to be collected in an action

brought by the commission or commissioner having jurisdiction and to be

paid into the treasury of the state of New York, or in a suit by the

attorney of the municipality in which the violation of the provisions of

this section occurs, to be paid into the treasury of such municipality.

Platforms on new cars, how constructed. All street surface

railroad passenger cars purchased, built or rebuilt after the first day

of December, nineteen hundred and four, and operated in the state of New

York on and after said date, except those owned by any company operating

either in the borough of Manhattan or Brooklyn, in the city of New York,

shall be constructed in accordance with the provisions of the preceding

section.

Protection to employees in the counties of Albany and

Rensselaer. Every corporation operating a street surface railroad in

the counties of Albany and Rensselaer shall cause the front and rear

platforms of every car propelled by electricity, cable or compressed

air, during the months of December, January, February and March, except

cars attached to the rear of other cars, to be inclosed from the front

and at least one side of the platform to the hood, so as to afford

protection to any person stationed by such corporation on such platforms

to perform duties in connection with the operation of such cars.

Platforms on cars on such street surface railroads used more than one

mile outside the limits of a city shall be completely inclosed from

platform to hood. Every corporation using and operating a car in

violation of this section shall be liable to a penalty of twenty-five

dollars per day for each car so used and operated, to be collected by

the people to the use of the poor of the county in which such

corporation has its principal office, in an action brought by the

commission or commissioner having jurisdiction or the district attorney

of such county. The supreme court may, on the application of a citizen,

direct the district attorney to bring such action.

Protection of employees in the counties of Kings and Queens.

Every corporation operating a street surface railroad in the counties of

Kings or Queens, shall cause the front and rear platforms of every

passenger car propelled by electricity, cable or compressed air,

operated on any division of such railroad during the months of December,

January, February and March, except cars attached to the rear of other

cars, to be inclosed from the fronts of the platforms to the fronts of

the hoods so as to afford protection to any person stationed by such

corporation on such platforms to perform duties connected with the

operation of such cars. Every corporation or person using and operating

a car in violation of this section shall be liable to a penalty of

twenty-five dollars per day for each car used and operated, to be

collected in an action brought by the transit commission and to be paid

to the treasurer of the city of New York, or in a suit by the district

attorney of the counties of Kings or Queens to be paid into the treasury

of the city of New York.

Contracts for the adjustment of payments due certain cities.

The board of estimate and apportionment, or if such board do not exist,

the local authorities which have power to make appropriation of moneys

to be raised by taxation, in any city having a population of three

hundred thousand or more, shall have the power in their discretion, to

enter into a contract or contracts on behalf of the city with any

railroad corporation or corporations owning or operating street surface

railroads or other railroads in such city, for the purpose of adjusting

any or all differences now existing between such corporation or

corporations and such city with respect to car license fees, percentages

upon gross earnings, rentals and any other payments, other than taxes

upon real and personal property, and capital stock, payable or claimed

to be payable to the city under existing acts of the legislature,

municipal ordinances, grants by, or contracts with, the municipal

authorities or otherwise; and any such contract may provide for the

payment of an annual amount to be ascertained as in such contract

provided in lieu of any or all payments of any of the classes

hereinbefore mentioned, other than taxes. Any such contract which shall

be with a corporation operating lines of railroad by lease may provide

for an annual payment, to be ascertained as in such contract provided,

which shall be in lieu of any or all of the payments of any or all of

said classes, other than taxes upon real and personal property and

capital stock, which would otherwise be payable in respect of the leased

lines so long as the lease or leases thereof shall continue. The annual

payments provided for in any contract made under the authority of this

section shall, so long as such contract is in force, supersede the

payments which would otherwise be payable by the corporation or

corporations making such contract and in lieu of which the annual

payments provided for in such contract are substituted. Any contract

made hereunder may, with the approval of the municipal authorities by

whom the contract was made or their successors in office, be modified

from time to time by the parties thereto for the purpose of meeting

changed conditions. No contract shall be made or modified hereunder

without the written consent and approval of the mayor and of the

comptroller or other chief financial officer of the city.

Construction of park railroads in cities having a population of

one million five hundred thousand or upwards. For the purpose of

providing for the more speedy transportation of persons across public

parks in the cities within the state of New York having a population of

one million five hundred thousand or upwards it shall be lawful for the

municipal authorities, officers, departments, or boards having control

of such parks to construct railroads in and upon tunnels or roads or

ways depressed below the surface of said parks in such cities in this

state, and to extend the same east or west to connect with any surface

railroads in such cities, now in existence, and with railroads which

hereafter may be built by companies now chartered and existing, and to

contract in the name of such cities, with any person or corporations for

the construction thereof, and for the equipment and running of the same

either with or without public advertisement upon such terms and

conditions, including the rates of fare to be charged to persons using

such railroads, for such compensation to be paid to such cities, and

subject to such rules, regulations and requirements as may be determined

upon in said contract, and as the department or board, or officer having

charge of said parks may, from time to time, thereafter establish or

impose.

Consents of property owners. No railroads shall be

constructed, equipped or operated by virtue of the preceding section

except upon the condition that the consent of the owners of one-half in

value of the property outside of said public parks bounded on and the

consent also of the local authorities having the control of that portion

of a street or highway upon which it is proposed to construct, operate

or extend the said railroads to connect with any surface railroads in

such cities be first obtained, or in case the consent of such property

owners cannot be obtained, the appellate division of the supreme court

in the department in which it is proposed to be constructed may, upon

application, appoint three commissioners, who shall determine, after

hearing of all parties interested, whether the portion of such railroad

outside of said public parks ought to be constructed or operated, and

their determination confirmed by the court may be taken in lieu of the

consent of the property owners.

Expense of construction and operation. Whenever any railroad

shall be constructed, equipped or operated under section two hundred and

one, the expense of such construction, and in case said railroad shall

be equipped and operated by such city, the expense of such equipment and

operation shall be paid by the municipal corporation within which such

railroad is situate, in the same manner as the other expenses of such

municipal corporation are paid and provided for.

Agreements for payment of cost of construction by instalments.

The department, board or officer having control of such public parks may

agree with the person or corporation with whom any contract may be made

for the construction, equipment and operation of said railroad that the

cost of such construction shall be paid by such cities in instalments

out of the compensation which such person or corporation shall agree to

pay to such cities under any such contract from time to time as such

compensation shall be received.

Disposition of income. The compensation or income which shall

be received by such cities from such railroad, except as the same may be

otherwise applied pursuant to the provisions of the preceding section,

shall be paid into the treasury thereof.

Motive power. Any portion of any railroad constructed,

equipped and operated under section two hundred and one may be operated

by cable.

Railroads in parks in New York city, by whom constructed.

Whenever any railroads shall be constructed in the city of New York,

under the provisions of the preceding six sections, such railroads shall

be constructed by the department of public parks of said city with the

concurrence of the sinking fund commissioners of said city.

Change of motive power authorized. Any railroad company having

the right to use any railroad now constructed in any public tunnel, road

or way depressed below the surface of and wholly within any public park

in any city within the state of New York having a population of one

million five hundred thousand or upwards, may change the motive power

and operate any such railroad by cable power, underground current of

electricity, compressed air, or any other motive power other than

locomotive steam power that may be consented to by the authorities

having control of such park or parks, and by the commissioner of

transportation, and may make changes in the construction of the road or

roadbed or other property made necessary by the change of motive power.

Such reconstruction shall be at the sole cost and expense of the

railroad company making such change, and when completed such improved

railroad shall be the property of the municipal corporation having

control of such public tunnel, road or depressed way.

New streets across other than steam surface railroads. 1. When

a new street, avenue, highway or road or new portion or additional width

of a street, avenue, highway or road, or a state or county highway or

county road deviating from the line of an existing highway or road,

shall hereafter be constructed across any railroad, other than steam

surface railroads, such street, avenue, highway or road, or new portion

or additional width shall pass over or under such railroad or at grade,

as the commissioner of transportation shall determine. The proceedings

for the opening of the same shall be in all things the same as provided

by section ninety of this chapter for the opening of new streets,

avenues or roads across steam surface railroads and the commissioner of

transportation shall have the same powers and duties in determining the

application, with like effect, as though the application were for a new

street across a steam surface railroad, and the provisions of such

section, so far as applicable, shall apply to applications made pursuant

to the provisions of this section.

2. Performance of work; division of expense; accountings. Whenever

under the provisions of this chapter a determination is made, the work

shall be done, the expense shall be divided, and accountings shall be

had in accordance with the provisions of section ninety-four of this

chapter.

Application for railroad; commissioners. Upon the application

of at least fifty reputable householders and taxpayers of any county or

city, verified upon oath before a justice of the supreme court, that

there is need in said county or city of a steam railroad in the streets,

avenues and public places thereof for the transportation of passengers,

mails or freight, the board of supervisors of such county may, within

thirty days thereafter by resolution, approve of the application, and

authorize its presentation to the supreme court, and if the railroad is

to be built wholly within the limits of a city, upon the application of

a like number of householders and taxpayers of the city to the mayor

thereof, such mayor may, within thirty days thereafter, indorse upon the

application his approval and direction that it may be presented to the

supreme court, and if the railroad is to be built partly within the

limits of a city and partly without, such application shall be approved,

both by the mayor of the city and the board of supervisors of the

county, and its presentation to the supreme court authorized by them,

and upon the presentation of such application so approved and authorized

to a special term of the supreme court, held in the district where such

railroad is to be built, or some part thereof, the court may appoint

five commissioners, residents of the city if the railroad is to be built

wholly within the city, and of the county, if it is to be built wholly

or partly outside of the limits of a city, to determine the necessity of

such railroad, the route thereof, the time within which and the

conditions upon which it shall be constructed, the damages to the

property owners along the line thereof and all the matters lawfully

submitted to them, and discharge the duties imposed upon them by law.

Oath and bond of commissioners. Within ten days after his

appointment, and before entering upon the discharge of any of the duties

of his office, each commissioner shall take and subscribe the

constitutional oath of office, which shall be filed in the office of the

clerk of the county and shall execute a bond to the people of the state

in the penal sum of twenty-five thousand dollars, with two or more

sureties, to be approved by a justice of the supreme court of the

department in which the railroad is to be built and conditioned for the

faithful performance of the duties of the office, which bond shall be

filed in the office of the clerk of the county.

First meeting of commissioners. Within fifteen days after their

appointment, the commissioners shall meet in some convenient place in

the county or city and organize themselves as a board with appropriate

officers.

Determination of necessity of railroad and route. The

commissioners shall, within thirty days after such organization,

determine upon the necessity of such steam railroad, and if they find it

to be necessary, they shall, within sixty days after such organization,

fix and determine the route therefor, and shall have the exclusive power

to locate such route, over, under, through or across the streets,

avenues, places or lands in such county or city, and to provide for the

connection or junction with any other railroad or bridge, if the consent

of the owners of one-half in value of the property bounded on and the

consent of the local authorities having control of that portion of a

street or highway upon which it is proposed to construct or operate such

railroad have been first obtained. If the consent of such property

owners can not be obtained, the determination of three commissioners

appointed by the appellate division of the supreme court of the

department where the railroad is to be constructed, made after due

hearing of all parties interested, and confirmed by the court, that such

railroad ought to be constructed and operated, may be taken in lieu of

the consent of such property owners. No such railroad shall be located

in or upon such portion of any street, avenue, place or lands in such

county as are now occupied by an elevated or underground railroad or in

which such a railroad has already been authorized by law to be so

located and constructed, or which are contained in public parks, or

occupied by buildings belonging to the county or the state or the United

States, or in or upon the following streets, avenues and public places,

viz.: Broadway, Fifth avenue, Fourth avenue above Forty-second street,

in the borough of Manhattan, city of New York; Debevoise place, Irving

place, Lefferts place, those portions of Grand, Classon and Franklin

avenues and Downing street lying between the southerly line of Lexington

avenue and the northerly line of Atlantic avenue, that portion of

Classon avenue lying between the northerly line of Lexington avenue and

the southerly line of Park avenue, and that portion of Washington avenue

lying between Park and Atlantic avenues in the borough of Brooklyn; and

that portion of the city of Buffalo lying between Michigan and Main

streets; but such railroad may be located and constructed across such

excepted streets, avenues and places only at their intersection with

other streets, avenues and places.

Adoption of plans, and terms upon which road shall be built.

The commissioners by such public notice, and under such conditions, and

with such inducements as they may prescribe, shall invite a submission

of plans for the construction and operation of such railroad, and shall

meet at a time and place in such notice named, not more than ninety days

after their organization, and decide upon the plans for the construction

thereof, with the necessary supports, turnouts, switches, sidings,

connections, landing-places, stations, buildings, platforms, stairways,

elevators, telegraph and signal devices, or other requisite appliances,

upon the route or location determined upon by them. They shall, upon

notice to the local authorities, and after hearing all parties

interested, fix and determine what compensation, if any, in a gross sum,

or in a certain percentage of receipts, shall annually be paid to the

local authorities by the corporation formed for the purpose of

constructing, maintaining and operating such railroad for public use in

the conveyance of persons and property, for the use and occupation by

the corporation of the streets, avenues and highways in and upon which

its railroad is to be constructed, and the time when such railroad, or a

portion thereof, shall be constructed and ready for operation, and the

maximum rates to be paid for transportation and conveyance thereon, and

the hours during which special cars or trains shall be run at reduced

rates of fare; and the amount of the capital stock of such corporation,

and the number of shares into which it shall be divided, and the

percentage thereof to be paid in cash on subscribing for such shares.

The commissioners may select two or more routes, upon one of which

such railroad may be constructed and operated; and the local authorities

may consent to the construction and operation of such railroad upon one

or more of such routes, or parts thereof; and the commissioners shall

have power to change and re-adopt routes and plans for the construction

and operation of such railroad after they have been submitted to the

local authorities, in cases where such authorities may recommend such

changes, or may not be willing to consent to the construction or

operation of the railroad upon the routes and plans adopted, unless such

changes are made therein.

Appraisal of damages and deposit of money as security. The

commissioners shall, within one hundred and ten days after their

organization, ascertain and determine the aggregate pecuniary damage

arising from the diminution in the value of the property bounded on that

portion of such street or streets, highway or highways, upon which it is

proposed to construct and operate such railroad to be caused by the

construction and operation thereof. For that purpose they shall view the

several parcels of real property so bounded, and shall appraise

separately the pecuniary damages arising from such diminution in value

of each parcel thereof, and for the purposes of such appraisal they

shall give notice of the time and place, when and where they will meet

to hear the owners, or persons interested in such real property, which

notice shall be published for at least ten days consecutively in at

least two newspapers in the county where such railroad is to be

constructed, and shall take such material testimony upon the probable

diminution in value of any or all such parcels to be so caused as may be

offered by or in behalf of any person or party interested therein, and

the aggregate sum of the amounts so appraised and determined by them

shall be the aggregate pecuniary damage required to be ascertained and

determined as above provided. No corporation which shall hereafter be

organized under this article shall enter upon any street, highway or

lane therein, until it shall first have deposited with some trust

company, to be designated by the mayor of the city within which it is

proposed to construct the railroad or any part thereof, and by the board

of supervisors, when the road does not lie wholly within a city, a sum

of money equal to the amount so ascertained and determined by the

commissioners to be the aggregate pecuniary damage to such property

within the city, or within the county outside of any city, or shall have

secured the payment of such amount by depositing with such trust company

negotiable securities, equivalent at their par and actual value to such

aggregate amount, and approved by the mayor of the city in which such

road is wholly or in part located, and by the county treasurer of the

county if the road is located wholly or in part outside of the limits of

such city. The court may accept in lieu of the deposit of money or

securities herein required the bond of the corporation, with two or more

sureties, to be approved by the court, to the effect that the

corporation before constructing or operating its railroad in front of

any premises, shall pay to the owner of the real property all the

damages sustained, or which will be sustained by him, as fixed and

determined by such commissioners, and the costs allowed, if any. Such

bond shall be in a sum double the amount of such damages, and the

sureties shall justify in the aggregate to an amount equal to the amount

of such bond. Such corporation shall also, at the same time, deposit

with such trust company or with the county treasurer, as the

commissioners may direct, the sum of five thousand dollars in cash, for

the payment of the expense of apportioning and distributing such fund.

Unless such moneys or securities shall be deposited by such corporation

within one year after it shall have obtained the consent of the local

authorities, and of the property owners, or the confirmation by the

appellate division of the supreme court, of the determination of three

commissioners in lieu thereof, and in the case of a corporation

organized prior to May eighteenth, eighteen hundred and ninety-two,

within one year after it shall have obtained the confirmation by the

appellate division of the supreme court of the report of three

commissioners in lieu of the consent of property owners, or within one

year after the commissioners appointed to ascertain and determine the

aggregate pecuniary damages as provided in this article shall have made

their report, then such corporation shall be deemed not to have accepted

the franchises granted. Where the commissioners shall fix and determine

different periods of time within which different sections of such

railroad shall be constructed and ready for operation, they shall

ascertain, determine, and report separately the aggregate pecuniary

damage to property bounded upon that portion of such street or streets

upon which each of such sections is located. Upon the deposit by the

corporation as above provided of moneys or securities equivalent to the

aggregate pecuniary damage to be sustained by any one of such sections,

or of any bond given in lieu thereof, it shall immediately be vested

with the right and privilege to construct its railroad through such

section.

Shall prepare certificate of incorporation; proviso as to

forfeiture. The commissioners shall prepare an appropriate certificate

of incorporation for the corporation in the last section mentioned in

which shall be set forth and embodied, as component parts thereof, the

several conditions, requirements and particulars by such commissioners

determined pursuant to the provisions of this article, and which shall

also provide for the release and forfeiture to the supervisors of the

county, or if the road is to be constructed wholly or partly within a

city, to such city, of all rights and franchises acquired by such

corporation in case such railroad or railroads shall not be completed

within the time and upon the conditions therein provided; and the

commissioners shall thereupon and within one hundred and twenty days

after their organization cause a suitable book of subscription to the

capital stock of such corporation to be opened pursuant to due public

notice at a banking office in such county or city. A failure by any

corporation heretofore or hereafter organized under this article to

complete its railroad within the time limited in and by its certificate

of incorporation shall only work a forfeiture of the franchises of such

corporation with respect to that portion of its route which such

corporation shall have failed to complete, and shall not affect the

rights and franchises of such corporation to construct and operate such

part of its railroad which it shall have completed within the term

prescribed by its certificate of incorporation, or as to which the time

for completion shall not have expired, notwithstanding anything to the

contrary in its certificate of incorporation.

Organization. Whenever the whole capital stock of such

corporation or an amount of such capital stock proportioned to the part

of such railroad directed by the commissioners to be constructed, shall

have been subscribed by not less than fifteen persons, and the fixed

percentage of such subscriptions shall have been paid, in cash, the

commissioners shall, by written or printed notice of ten days, served

personally or by mail, call a meeting of such subscribers for

organization, and appoint the inspectors of election to serve thereat.

At such meeting, or at any subsequent one to which the same may be

adjourned, a majority in number and amount of such subscribers may elect

persons, of a number to be theretofore determined by the commissioners

not less than nine, who shall be directors for one year of the

corporation formed for the purposes of constructing and operating such

railroad.

Commissioners to deliver certificate; affidavit of directors.

Within ten days after the election of such directors the commissioners

shall deliver to them a certificate in duplicate, verified by the oath

of three commissioners, before a justice of the supreme court, setting

forth the certificate of incorporation and the organization of the

corporation for the purposes therein mentioned, and within five days

after the reception by them of such certificates, three of the directors

so elected shall make affidavit in duplicate that the full amount of

stock has been subscribed in good faith to construct, maintain and

operate the railroad or railroads in such certificate of incorporation

mentioned, and such directors shall file such affidavits and certificate

in the office of the secretary of state, and a duplicate of the same in

the office of the clerk of the county wherein such railroad shall be

located; and thereupon the persons who have so subscribed such

certificate of incorporation and all persons who shall become

stockholders in such corporation shall be a corporation by the name

specified in such certificate, and be subject to the duties, liabilities

and restrictions of such corporations.

Powers. Subject to the provisions of the transportation law,

every such corporation shall have power, in addition to the powers

conferred by the business corporation law and by subdivisions four and

six of section eight of this chapter:

1. To take and convey persons and property on its railroad by the

power or force of steam or by any motor other than animal power, and to

receive compensation therefor.

2. To enter upon and underneath the several streets, avenues and

public places and lands designated by the commissioners, and enter into

and upon the soil of the same, to construct, maintain, operate and use

in accordance with the plan adopted by the commissioners, a railroad

upon the route or routes and to the points decided upon and to secure

the necessary foundations and erect the columns, piers and other

structures which may be required to secure safety and stability in the

construction and maintenance of the railroad constructed upon such plan

and for operating the same; and to make such excavations and openings

along the route through which such railroad shall be constructed as

shall be necessary from time to time. In all cases the surface of the

streets around such foundations, piers and columns shall be restored to

the condition in which they were before such excavations were made, as

near as may be, and any interference with or change in the water mains,

or in the sewers or lamp posts, except such changes as may be made with

the concurrence of the proper department or authority, shall be avoided;

and the use of the streets, avenues, places and lands designated by the

commissioners and the right of way through the same for the purpose of a

railroad, as herein authorized, shall be considered and is hereby

declared to be a public use, consistent with the uses for which the

roads, streets, avenues and public places are publicly held. No such

corporation shall have the right to acquire the use or occupancy of

public parks or squares in any such city or county, or the use or

occupancy of any of the streets or avenues, except such as may have been

designated for the route or routes of such railroad, and except such

temporary privileges as the proper authorities may grant to such

corporations to facilitate such construction, and no such railroad shall

be constructed across the track of any steam railroad now in actual

operation at the grade thereof, nor shall any piers or supports for any

elevated railroad be erected upon a railroad track now actually in use

in any street or avenue; and no such corporation shall construct a

street surface railroad to run in whole or in part upon the surface of

any street or highway under the provisions of this article.

Where route coincides with another route. Whenever the route or

routes determined upon by the commissioners coincide with the route or

routes covered by the charter of an existing corporation, formed for the

purpose of constructing and operating such a railroad, and it has not

forfeited its charter or failed to comply with the provisions thereof,

requiring the construction of a road or roads within the time therein

prescribed, such corporation shall have the like power to construct and

operate such railroad upon the fulfillment of the like requirements and

conditions imposed by the commissioners as a corporation specially

formed under this article, and the commissioners may fix and determine

the route or routes by which any elevated steam railroad now in actual

operation may connect with other steam railroads or the depots thereof,

or with steam ferries, upon making compensation therefor, and in case

such corporations can not agree with the owners of such steam railroads,

depots or ferries upon the amount of such compensation, and such owners

may be entitled to compensation therefor, the amount of such

compensation shall be ascertained and paid in the manner prescribed in

the condemnation law, and upon fulfillment by such elevated railroad

corporation, so far as it relates to such connection, of the

requirements and conditions imposed by this article, it shall possess

all the powers conferred by section two hundred and twenty-nine of this

article, and when any connecting route or routes shall be so designated,

such elevated railroad corporation may construct such connection with

all the rights and with like effect as though the same had been part of

the original route of such railroad.

Commissioners to transfer plans. Within one month after such

corporation shall have been formed and organized in the manner

hereinbefore provided, the commissioners shall transfer and deliver to

the corporation all plans, specifications, drawings, maps, books and

papers in their possession, and they shall, within the like period of

one month after the organization of such corporation, cause to be paid

to the treasurer thereof all money collected under the provisions of

this article, after deducting therefrom the necessary expenses incurred

by the commissioners and the amounts due to them for their salaries.

Commissioners to file report; confirmation thereof. The

commissioners shall within one hundred and forty days after their

appointment, make a report to a special term of the supreme court of the

department in which such railroad may be located, of the amount of the

pecuniary damages arising from the diminution of value of each parcel of

property bounded on that portion of the street or streets, highway or

highways, upon which it is proposed to construct such railroad or

railroads, which will be caused by the construction, maintenance and

operation thereof. The name and place of residence of the owner or

owners of each parcel shall be stated if the same are known, or can be

ascertained, and if not known the name of the person or persons

appearing by the certificate of the clerk or register of the county to

have the title thereto from the records in his office, and a specific

description of each parcel of property with reasonable certainty. The

testimony, if any, taken by the commissioners as to the amount of such

damage, shall accompany their report. Within thirty days after filing

and recording its certificate of incorporation, the corporation

authorized to construct and operate such railroad or railroads shall

move to confirm such report by giving notice of such motion to the

property owners in the manner in which notice of the time and place of

hearing before the commissioners is required by section two hundred and

twenty-five of this article to be given, and if the corporation fails to

so move, any property owner may make the motion; and thereafter the

proceedings shall be conducted in the manner prescribed in the

condemnation law.

Before constructing and operating its railroad in front of any real

property bounded upon any street, avenue or public place wherein the

corporation is authorized by the certificate and report of the

commissioners to construct and operate its road, such corporation shall

pay to the owner of the real property the damages sustained or which

will be sustained by him in consequence thereof, as finally fixed and

ascertained, and the costs allowed him, if any, and the court may direct

that such damages be paid out of the moneys deposited pursuant to the

provisions of section two hundred and twenty-five of this article, or in

case negotiable securities shall have been deposited in lieu of money,

that so much of such securities shall be sold as may be necessary to

raise the amount required to be paid to such owner for damages and costs

if any. If a bond shall have been executed in lieu of such deposit, the

court may order the sureties in such bond to pay the damages so fixed

and ascertained, and in default thereof may cause them to be proceeded

against and punished as for a contempt of court.

Pay of commissioners. Each of the commissioners shall be paid

for his services at the rate of ten dollars per day for each day of

actual service as such commissioner, and all expenses necessarily

incurred by him in the discharge of his duties, to be paid by such

corporation, but if a sufficient amount of capital stock shall not be

subscribed within one year after the appointment of such commissioners

to authorize the formation of such corporation, the commissioners shall

receive no salary, and shall cause to be returned to the subscribers for

such stock the amounts paid in by them, after deducting therefrom the

necessary expenses incurred by the commissioners, but the time, if any,

unavoidably consumed by the pendency of legal proceedings shall not be

deemed a part of any period of time limited by this article.

Quorum; term of office; removal; vacancies in board of

commissioners. A majority of the members of any board of commissioners

appointed under this article shall be a quorum for the transaction of

any business or the performance of any duty or function, or the exercise

of any power, conferred or enjoined upon them. Any commissioner may be

removed for cause at any time by the power appointing him, but no

commissioner shall be removed without due notice and an opportunity to

be heard in defense; and no commissioner thus removed is or shall be

eligible to be again appointed to the office of commissioner. In case of

the death, resignation or removal from office of any commissioner the

vacancy shall be filled by the power appointing him, within thirty days

after such removal, or within thirty days after notice in writing to

such appointing power given by some member of the board, or by the

corporation hereinafter mentioned, of such death or resignation, and a

certificate of every such appointment shall be filed as hereinbefore

required. Except as otherwise provided by law, the terms of office of

the commissioners shall determine and expire with the performance of

their functions as hereinabove prescribed.

Abandonment or change of route; new commissioners; their powers

and proceedings. Any corporation heretofore organized or hereafter to be

organized under this article, its successor or assigns, which shall have

constructed or put in operation a railroad upon a part and not upon the

whole of the route fixed, determined and located for such railroad by a

board of commissioners, may at any time apply for authority to abandon

any portion of the route upon which the railroad shall not have been

theretofore constructed or shall not then be in operation, with or

without a change and relocation of such portion, and with or without

extension of the portion not abandoned, or of any part thereof. Such

application shall be made by petition in writing, addressed by such

corporation to the board of supervisors of the county in which such

portion of the route so desired to be changed or abandoned shall be

situated, which is not within the limits of any city, or if such route,

or any part thereof, shall be within the limits of a city, to the mayor

of the city, for the route or portion thereof within such city. Five

commissioners may be appointed pursuant to such an application as

hereinafter provided, who shall be residents of the county or city and

who shall have full power as herein provided. When such application is

made by a corporation heretofore organized such commissioners may be

appointed within thirty days after presentation of the same by such

board of supervisors, or, as the case may be, by such mayor. When such

application is made by a corporation hereafter to be organized under

this article, such board of supervisors, or, as the case may be, such

mayor, may within thirty days after presentation of such application,

indorse thereon their or his approval and direction that it may be

presented to the supreme court in the manner provided in section two

hundred and twenty of this article, and such court may thereupon appoint

such commissioners. Within ten days after his appointment each

commissioner so appointed shall take, subscribe and file the oath and

give and file the bond prescribed by section two hundred and twenty-one

of this article; and if any one so appointed shall not comply with this

requirement, he shall be deemed to have declined to accept such

appointment, and to have made a vacancy which the appointing power shall

fill by another appointment as herein provided. Within fifteen days

after such appointments shall have been so made, the commissioners shall

meet at some convenient place in such county and complete their

organization as a board with appropriate officers. Such board shall have

all the authority conferred by law upon commissioners appointed, or

authorized to be appointed under this article. Before proceeding to hear

the application of the corporation, the board shall give such public

notice as it may deem most proper and effective of the time and place of

the hearing. Within thirty days after completing their organization such

board shall hear the application of the corporation, and all parties who

may be interested therein, and within sixty days after their

organization they shall determine whether any part of such route should

be authorized to be abandoned, or should be changed and relocated with

or without extension or extensions. If the board shall determine that no

abandonment of any part of the route should be allowed, and that no

change and relocation of any part thereof should be effected, and that

no extension should be made, the board shall dismiss the application.

If the board shall determine that an abandonment of any portion of the

route should be allowed, or that any change therein or extension thereof

should be made, the board shall proceed to authorize and require the

same upon such conditions as to the board shall seem proper, and with or

without extension of the remainder of the route or of any part thereof,

by fixing, determining and locating the route or routes of the extension

or extensions, if any, and by directing the abandonment of the part of

the route theretofore located, but by the board allowed to be abandoned,

if any, and by fixing, determining and relocating the part of the route

theretofore located, but by the board changed, if any; and the board

shall cause to be made in duplicate a survey and map of the route as so

changed and fixed, determined and located. Neither such corporation nor

any assign or successor thereof shall thereafter have any authority, by

reason of anything done under this article, to operate or construct any

railroad upon any portion of the route by the board so required to be

abandoned. The board shall also fix and determine the time within which

the railroad by it authorized and required upon any portion of the route

so changed, shall be reconstructed and ready for operation. If the

railroad on any portion of the route not by the board changed or allowed

to be abandoned, shall not have been theretofore constructed and made

ready for operation, the board may extend, and fix and determine anew

the time within which such railroad shall be completed, but such

extension of time shall not be for a longer period than that originally

allowed by law for the completion thereof. If the board shall have

determined that any portion of the route theretofore located should be

allowed to be abandoned, with or without a change or relocation thereof

or any part thereof, and with or without extension, or if the board

shall have extended the time within which such railroad shall be

completed, the board shall make a report in writing in accordance with

the determination so made, describing the portion of the route, if any

there be, as so fixed, determined and located anew, and the part, if any

there be, of the route allowed to be abandoned, and stating the period

of time, if any, by the board fixed and determined within which such

corporation shall construct and complete the railroad theretofore

authorized or by it authorized to be constructed, and prescribing that a

failure by the corporation, its successors or assigns, to complete it

within the time, if any, so limited, shall work a forfeiture to the

supervisors of the county if no part of the road is within a city, or in

any city, to such city, of the rights and franchises of such corporation

with respect to that portion of the route so fixed, determined and

located anew, and with respect to the then authorized extension or

extensions, if any there be of said route, upon which a railroad shall

not be constructed within the time so limited; but the time, if any,

unavoidably consumed by the pendency of legal proceedings, shall not be

deemed a part of any period of time limited in this article, and any

recital of any forfeiture of any of the rights or franchises prescribed

by any commissioners heretofore appointed, to be to the mayor, aldermen

and commonalty of the city of New York, shall be as effectual for any

and all purposes as if such forfeiture had been in terms recited to be

to the board of supervisors of the county of New York. Such report shall

be signed in duplicate by at least a majority of the then members of the

board, and there shall be thereto annexed the survey and map as

hereinbefore directed, showing the line and location of each and all the

routes, with or without the extension or extensions, as fixed,

determined and located, and showing also the parts or part, if any there

shall be, of the route or routes as theretofore fixed, determined and

located, but by the board allowed to be abandoned. Within ten days

after so signing such report the board shall cause the same to be filed

in the office of the secretary of state, and the duplicate thereof in

the office of the clerk of the county wherein such railroad shall be

located; and thereupon the corporation making such application, its

successors or assigns, is and shall be authorized to construct, maintain

and operate a steam railroad for the transportation of passengers, mail

and freight, upon the route or routes so fixed, determined and located,

and in said report described, but the construction or operation of a

railroad upon any new location or selection of route is not and shall

not be thus authorized except upon the condition that the consent of the

owners of one-half in value of the property bounded on, and the consent

also of the local authorities having control of that portion of a street

or highway upon which it is proposed to construct or operate such

railroad be first obtained, or in case the consent of such property

owners cannot be obtained, that the determination of three

commissioners, to be upon application appointed by the appellate

division of the supreme court in the department in which such railroad

is proposed to be constructed, be given after a hearing of all parties

interested that such railroad ought to be constructed or operated, which

determination, confirmed by the court, may be taken in lieu of the

consent of the property owners. Such corporation is and the successors

and assigns thereof shall be authorized to maintain and operate all the

railroads and the appurtenances thereof by it or them theretofore

constructed upon any portion of a route or routes which shall have been

located by commissioners under this article, and to complete within the

time in and by such report so extended, fixed and determined anew, and

thereafter to maintain and operate, the railroad and the appurtenances,

upon so much of the route or routes theretofore fixed, determined and

located as shall not have been so authorized and required to be

abandoned, and with the same rights and effect, in all respects, as if

such extended period of time had been originally fixed and determined,

and in the original certificate of incorporation of such corporation

recited, for completing such railroad and putting it in operation. The

other terms and conditions in and by such certificate mentioned and

prescribed, except as the same are hereinbefore modified or may be

modified by the board as hereinbefore authorized, shall apply to the

railroad herein authorized to be constructed and operated upon the route

or routes as so changed, fixed, determined and located, with the same

force and effect as if such route or routes, as finally so changed and

located, had been in and by such articles or certificates themselves

prescribed. If a new location or extension of routes shall be fixed and

determined by commissioners who shall have been appointed by the court

pursuant to this section, they shall also ascertain and determine the

aggregate pecuniary damages arising from the diminution of value of the

property bounded on that portion of the street or highway upon the line

of such new location or extension and of each parcel of real property so

bounded, and their proceedings thereupon shall be conducted in the same

manner and upon the like notice as the proceedings for that purpose

before the commissioners specified in section two hundred and

twenty-five and they shall make to the supreme court the report required

by section two hundred and thirty-three, and thereupon the same

proceedings shall be had as are provided for in such last named section.

Each commissioner shall be paid for his services at the rate of ten

dollars per day for each day of actual services as such commissioner,

and all reasonable expenses incurred by him in or about any of the

matters referred to such board, to be paid by the corporation making the

application so heard and determined. No corporation shall be authorized

under this section to extend, abandon or change the location of its

route, or any part thereof, where the greater portion of the route or

routes is or shall be in that portion of the city of New York south or

west of Harlem river, or of any route or part thereof in the borough of

Brooklyn or county of Kings, or to construct, extend, abandon or change

the location of any railroad or route for a railroad over, under,

through or across any street, avenues, place or lands south of One

Hundred and Twenty-eighth street or west of Third avenue in that portion

of the city of New York south or west of Harlem river, or where a

railroad might not by law be constructed, or was not by law authorized

to be by a board of commissioners located on the fifth day of June,

eighteen hundred and eighty-eight.

Abandonment of portion of route by elevated railroad. Any

company operating an elevated railroad or railroads in any city of this

state for the transportation of passengers, mails or freight, and which,

prior to the twenty-ninth day of April, eighteen hundred and ninety-one,

shall have built and operated six-tenths of its route as set forth and

embodied in its articles of incorporation, may declare relinquished and

abandoned any portion of its said route, which it may deem no longer

necessary for the successful operation of its road and the convenience

of the public. Such declaration of abandonment to be valid shall be

adopted by the board of directors, under the seal of such company, and

shall be submitted to the stockholders thereof at a meeting called for

the purpose of taking the same into consideration. Due notice of the

time and place of holding said meeting and stating the object thereof

shall be given by the company to its stockholders by written or printed

notices addressed to each of the persons in whose name the capital stock

of the company stands on the books thereof, at the address of such

persons as stated on the books, or as known to the secretary of the

company, and delivered or mailed to such persons, or the legal

representatives of such persons, respectively, at least thirty days

before the time of holding the meeting of such company, and also by a

general notice published daily for at least four weeks in some newspaper

last designated for the publication of the session laws or of judicial

proceedings and legal notices in the county where the route of such

company is located; and at the said meeting of stockholders the

declaration of the said directors shall be considered and a vote by

ballot taken for the adoption or rejection of the same, each share

entitling the holder thereof to one vote, and said ballots shall be cast

in person or by proxy, and if two-thirds of all the votes of the

stockholders cast in person or by proxy at said meeting shall be for the

adoption of said declaration of abandonment, then that fact shall be

certified thereon by the secretary of the company under the seal

thereof, and the declaration so adopted shall be submitted for approval

to the commissioner of transportation, and if approved by him, such

approval shall be indorsed thereon, and the said declaration so

certified and indorsed shall be filed and recorded in the office of the

secretary of state, and from the time of such filing such portion of

said route designated in such declaration of such company shall be

deemed to be abandoned. A copy of such declaration of abandonment, duly

certified by the secretary of state under his official seal, shall be

presumptive evidence in all courts and places of the facts which it

recites, and of the regularity of the proceedings resulting in such

abandonment.

Increased deposit, when and how required. In case any of the

securities deposited in lieu of money as provided in section two hundred

and twenty-five, shall in the opinion of the county treasurer or trust

company with whom they may be deposited, fall below their actual value

at the time of deposit, the county treasurer or trust company shall call

upon such railroad corporation to substitute therefor other securities

equivalent at their par or market value to the amount in lieu of which

the securities for which they are to be substituted were deposited, and

in case such other securities shall not be furnished, the county

treasurer or trust company shall call upon such corporation to furnish

as a substitute, and it shall so furnish an amount of money equal to the

amount in lieu of which the securities first above referred to were

deposited.

Trains to come to full stop. All trains upon elevated railroads

shall come to a full stop before any passenger shall be permitted to

leave such trains; and no train on such railroad shall be permitted to

start until every passenger desiring to depart therefrom shall have left

the train, provided such passenger has manifested his intention to so

depart by moving toward or upon the platform of any car; nor until every

passenger upon the platform or station at which such train has stopped,

and desiring to board or enter such cars, shall have actually boarded or

entered the same, but no person shall be permitted to enter or board any

train after due notice from an authorized employee of such corporation

that such train is full and that no more passengers can be then

received.

Gates or vestibule doors. Every car used for passengers upon

elevated railroads shall have gates at the outer edge of its platforms

so constructed that they shall, when opened, be caught and held open by

such catch or spring as will prevent their swinging and obstructing

passengers in their egress from or ingress to such cars, or vestibule

doors so constructed as to slide into the body of the car; and every

such gate or door shall be kept closed while the car is in motion; and

when the car has stopped and a gate or door has been opened, the car

shall not start until such gate or door is again firmly closed.

Penalty for violation of two preceding sections. Any elevated

railroad corporation that shall fail or neglect to comply with or

enforce the provisions of the two preceding sections, shall upon the

petition of any citizen to any court of record, and upon due notice to

such corporation, and proof of such failure or neglect, pay to the clerk

of the court wherein such petition was made, a sum not less than two

hundred and fifty nor more than one thousand dollars, as such court may

direct by its order. The sum so ordered to be paid shall be paid by such

clerk of the court to the county treasurer, and shall be distributed by

such treasurer equally among the public hospitals of the county in which

the proceeding is had, at such time as the board of supervisors or board

of aldermen in any such county shall direct. Nothing in this section

shall relieve elevated railroad corporations from any liability under

which they may now be held by existing laws for damages to persons or

property.

Sections to be printed and posted. The officers and board of

directors of such railroad corporations shall cause copies of sections

two hundred and thirty-nine, two hundred and forty and two hundred and

forty-one to be printed conspicuously and posted in the depots or

stations and in each car belonging to them.

Extension of time. The time within which any act is required to

be done under the foregoing sections of this article may be extended by

the supreme court for good cause shown, for one year, and but one

extension will be granted. Any company that has heretofore constructed

or is now operating an elevated railroad shall be deemed to have been

duly incorporated notwithstanding any failure on the part of

commissioners to insert in its articles of association provisions

complying with statutory requirements relative to such articles.

Lighting cars on elevated railroads in cities of over twelve

hundred thousand inhabitants. Every corporation operating an elevated

railroad in any city of over twelve hundred thousand inhabitants in this

state, computed according to the state enumeration had in eighteen

hundred and ninety-two, shall equip all cars used for the transportation

of passengers with the most approved system of lighting passenger cars

now in use upon railroads, either by electricity or gas of not less than

eighteen candle power, and every such corporation is prohibited from

using kerosene or coal oils as a means of lighting any of its passenger

cars. Any violation of the provisions of this section shall render any

such corporation liable to pay a fine or penalty of fifty dollars for

each and every day, for each and every passenger car run over its

railroad which is not equipped and lighted as provided herein; and such

fine may be recovered by any passenger on such railroad who may sue

therefor; and any violation of the provisions of this section on the

part of any such railroad corporation shall also be a misdemeanor.

Legislative policy and purposes. It is hereby declared to be

the policy of the state to encourage and bring about the rehabilitation,

improvement, and continued operation by private enterprise of the

facilities of any domestic railroad corporation which now or hereafter

is a debtor in proceedings under the bankruptcy laws of the United

States and which in the calendar year preceding the institution of such

proceedings had passenger miles within the state of five hundred million

or more, and to encourage and bring about the rehabilitation of such

corporations in order to enable them, with private capital and under

private management, to furnish safe, efficient, and adequate

transportation service to the people of the state; and it is hereby

further found and declared that the rehabilitation and continued

operation of such corporations by private enterprise and enabling such

bankruptcy proceedings to be terminated are matters of public concern;

that it is necessary to create, with adequate safeguards, inducements

and opportunities for the employment of private investment in such

rehabilitation and continued operation; that a railroad redevelopment

corporation qualifying hereunder serves a public purpose; that provision

must be made for the granting of partial tax exemption to such

corporations; that the commissioner of transportation and any other

state agency empowered to act under section three hundred three are

hereby declared to be the agencies and instrumentalities of the state to

carry out the policy and purposes herein recited; and the necessity in

the public interest for the provisions of this article is hereby

declared as a matter of legislative determination.

Qualification. The certificate of incorporation of any

corporation organized for the purpose of acquiring, maintaining, and

operating the facilities of a railroad corporation of the kind described

in section three hundred may provide that such new corporation elects to

qualify as a railroad redevelopment corporation under and pursuant to

the provisions of this article; and any railroad corporation of the kind

described in section three hundred may, by action pursuant to article

eight of the business corporation law, amend its certificate of

incorporation to include therein a like provision. The term "certificate

of incorporation, " when used in this article, shall include any special

law creating a railroad corporation and also the special laws and the

certificates filed pursuant to law amendatory of and supplementary to

such special law.

Upon the acceptance for filing of such certificate of incorporation or

amendment, as the case may be, such corporation shall qualify as and be

a railroad redevelopment corporation hereunder, and shall continue as

such for twelve years thereafter or until the earlier termination of its

qualification pursuant to section three hundred eleven; provided,

however, that the secretary of state shall not accept any such

certificate of incorporation or amendment for filing unless it shall be

accompanied by a certificate of approval of such qualification executed

by the commissioner of transportation and by a certified copy of an

order of the bankruptcy court dismissing the pending proceedings in

which such corporation is a debtor, subject to such terms and conditions

as the court may fix in connection with winding up the proceedings. In

the event another state agency shall be authorized by law to execute a

certificate of approval for any railroad corporation, the certificate of

approval for any such corporation shall also be executed by such agency.

Certain directors to be local residents. The certificate of

incorporation of any corporation qualifying hereunder shall provide

that, during the period of its existence as a railroad redevelopment

corporation, one-third of the members of its board of directors shall be

residents of the counties served by such corporation and shall be

otherwise unaffiliated, directly or indirectly, with such corporation or

any stockholder thereof; and that the individuals who are elected

initially as such directors shall continue to serve throughout such

period, except that, in the event any of them shall die, resign, or

become incapable of performing the duties of a director, a successor or

successors shall be named by the remaining such directors.

Certificate of approval. 1. The commissioner of transportation

and other state agency, if any be authorized by law to do so, shall give

a certificate of approval of the qualification of a railroad corporation

as a railroad redevelopment corporation if, in the judgment of the

commissioner of transportation and such other agency, such qualification

will carry out the policy and purposes of section three hundred.

2. The certificate of approval shall set forth:

(A) The program for the improvement and rehabilitation of the

facilities of such corporation which is necessary and reasonable in

order to carry out the policy and purposes of section three hundred;

(B) An estimate of the aggregate amount of funds which will be

required in order to pay the costs of such improvement and

rehabilitation program. The term "costs of the improvement and

rehabilitation program," when used in this article, shall include the

interest and principal payments on any obligations incurred for such

purpose;

(C) The amount of working cash which such corporation is entitled to

have as a minimum throughout its existence as a railroad redevelopment

corporation; and an estimate of the amount of funds, if any, of such

corporation which, upon its qualification as a railroad redevelopment

corporation, and after provision for such amount of working cash and for

the payment of such obligations of the debtor or of its trustee or

trustees as shall be specified in the certificate, will be available to

pay the costs of such improvement and rehabilitation program, or if

there be a deficiency in such funds, an estimate of the amount thereof;

(D) The amount of funds which will be made available to such

corporation by its stockholders and the additional amount estimated to

become available from other private investors in order to pay the costs

of such improvement and rehabilitation program;

(E) The amount of funds which such corporation will require from its

operating revenues and other income in each year of its existence as a

railroad redevelopment corporation in order to pay the costs of such

improvement and rehabilitation program, which yearly amounts shall be

prorated for any other period;

(F) The limitations, during the period of its existence as a railroad

redevelopment corporation, upon the payment of interest or principal on

the bonds or other indebtedness of such corporation consented to by the

bondholders or other creditors affected thereby and the limitations,

during such period, upon the payment of dividends on the capital stock

of such corporation, which are necessary and reasonable to carry out the

policy and purposes of section three hundred;

(G) The passenger fares and charges (and the classifications,

regulations, and practices pertaining thereto) of such corporation

reasonably required when it qualifies as a railroad redevelopment

corporation in order to enable it to have sufficient operating revenues

and other income to provide for items (1) through (9) enumerated in

section three hundred six; and

(H) Provisions that such corporation shall:

(1) apply, as soon as practicable,

(a) the amounts by which its operating revenues and other income

during the period of its existence as a railroad redevelopment

corporation shall exceed the sums required during such period to provide

for items (1) through (8) enumerated in section three hundred six, plus

or minus, as the case may be,

(b) the amount of available funds, or of the deficiency therein,

determined pursuant to paragraph (C) of subdivision two, plus

(c) the amounts received by such corporation from the sources

specified in paragraph (D) of subdivision two,

only to maintain the amount of working cash determined pursuant to

paragraph (C) of subdivision two and to the payment of the costs of such

improvement and rehabilitation program; and if the aggregate of said

items (a), (b) and (c) shall be more than sufficient for that purpose,

to the payment of the costs of such further additions and betterments of

such corporation's facilities as it may be permitted or directed to make

by order of the commissioner of transportation;

(2) upon the termination of its existence as a railroad redevelopment

corporation, set aside any of the foregoing amounts not so applied

during such period in a separate fund to be used only for such purposes;

and

(3) in the event it shall sell any of its capital assets, apply,

subject to the provisions of any mortgage or deed of trust covering such

property, the proceeds thereof received during the period of its

existence as a railroad redevelopment corporation, at its option, either

to the payment of the costs of such improvement and rehabilitation

program or of other additions or betterments of its facilities.

3. The certificate of approval shall be effective only if such

corporation has agreed in writing to comply with the terms and

conditions of such certificate.

4. The provisions of the certificate of approval referred to in

paragraphs (A) through (E) of subdivision two may be amended at any time

by the commissioner of transportation, but only with the consent in

writing of said corporation, so as to reflect the effects of changes in

the estimates of costs and available funds specified therein, or to

permit changes in the improvement and rehabilitation program. The term

"certificate of approval," when used in this article, shall mean the

certificate of approval as it may be amended from time to time.

5. The passenger fares and charges (and the classifications,

regulations, and practices pertaining thereto) specified in the

certificate of approval pursuant to paragraph (G) of subdivision two

shall be incorporated in tariff schedules filed with the commissioner of

transportation to become effective upon the day specified therein, not

earlier than the day after such qualification, and shall not be subject

to suspension or alteration by the commissioner of transportation except

pursuant to section three hundred eight.

6. Nothing in this article shall be construed as requiring such

corporation to apply to such improvement and rehabilitation program any

amounts in excess of, or to carry out such program to any greater extent

than permitted by, the aggregate of the items enumerated in subparagraph

(1) of paragraph (H) of subdivision two.

Limitations upon payments on indebtedness and stock. A railroad

redevelopment corporation shall not declare or pay any dividends on its

capital stock or make any payments of interest or principal upon any

bonds or other indebtedness of such corporation which its certificate of

approval, with the consent of any bondholders or other creditors

affected thereby, specifically provides shall not be made. In no event

shall any such corporation pay dividends on its stock at a rate in

excess of five per centum per annum. No bondholder or creditor or

stockholder of such corporation shall receive any payments which are

prohibited hereunder.

Tax exemption. A railroad redevelopment corporation, during

each year of its existence as such corporation, shall be exempt from the

payment of any and all taxes (including, without limitation, franchise,

organization, income, mortgage recording, excise, sales, and

compensating use taxes) to the state, or to any political subdivision

thereof, or to any officers of any thereof, except taxes and assessments

levied or imposed upon the real property of such corporation; and, as to

such taxes or assessments so levied or imposed, such corporation shall

be entitled to the exemption provided in section four hundred

seventy-six of the real property tax law.

Rates, fares, and charges. A railroad redevelopment corporation

shall be entitled to maintain such rates, fares, and charges as will

enable such corporation to have sufficient operating revenues and other

income in any twelve months of its existence as a railroad redevelopment

corporation to provide for the following items during that twelve-month

period:

(1) Operating expenses, except (a) accruals and charges for

depreciation, amortization, and retirements, and (b) expenses incurred

as costs of the improvement and rehabilitation program of such

corporation specified in its certificate of approval;

(2) Railway tax accruals;

(3) Equipment and joint facility rents;

(4) Miscellaneous deductions from income;

(5) Rent for leased roads and equipment;

(6) Interest and principal payments on equipment obligations

outstanding at the time of its qualification as a railroad redevelopment

corporation, and such other deductions and such other payments on its

indebtedness and stock as are not prohibited by its certificate of

approval;

(7) Expenditures in connection with grade crossing elimination

projects, including interest and principal payments on obligations

incurred for such purpose before or after the time of its qualification

as a railroad redevelopment corporation;

(8) Expenditures for grade crossing protection; bridge construction,

reconstruction, and replacement; and similar projects;

(9) The amount, determined by proration if necessary, specified in

such corporation's certificate of approval as required in that

twelve-month period to pay the costs of such improvement and

rehabilitation program; and

(10) The amount of any net deficiency theretofore incurred during its

existence as a railroad redevelopment corporation in the aggregate

amount required to provide for items (1) through (9).

Fare changes. 1. In the event it appears at any time to a

railroad redevelopment corporation that its operating revenues and other

income will not be sufficient during the forthcoming twelve months to

provide for the items enumerated in section three hundred six, such

corporation may make application to the commissioner of transportation

for such changes in its passenger fares and charges (and the

classifications, regulations, and practices pertaining thereto) as will,

in the opinion of such corporation, produce sufficient additional

revenues to enable it to provide for such items.

2. Such application shall be filed and determined in the manner

provided in the transportation law, and shall be accompanied by a

certificate of such corporation setting out:

(a) the name of such railroad redevelopment corporation;

(b) the date upon which it qualified under this article;

(c) that the qualification of such railroad redevelopment corporation

has not been terminated;

(d) the basis upon which such corporation has determined that its

revenues and other income during said forthcoming twelve months will not

be sufficient to provide for the items enumerated in section three

hundred six; and

(e) the basis upon which such corporation has determined that such

changes will produce the additional revenues required to provide for

said items.

Reductions in fares and charges. In the event that the

commissioner of transportation, after a hearing held in his discretion,

on his own motion and on reasonable notice, shall determine (1) that a

railroad redevelopment corporation, during the most recent twelve-month

period for which figures shall be available at the time of such notice,

has obtained more operating revenues and other income than were required

to provide for the items enumerated in section three hundred six, and

(2) that its operating revenues and other income during the twelve

months next succeeding such period will be more than required to provide

for the items enumerated in section three hundred six, the commissioner

of transportation may order such corporation to eliminate on a

twelve-month basis any such anticipated excess amount of revenues. In

that event, such corporation shall file new tariff schedules within such

reasonable time as may be fixed by the commissioner of transportation,

to be effective within ten days after such filing; and said schedules

shall make such modifications in its passenger fares and charges (and

the classifications, regulations, and practices pertaining thereto) as

shall effect such elimination.

Reports to the commissioner of transportation. In addition to

any reports which railroad corporations are required to file with the

commissioner of transportation pursuant to the transportation law, a

railroad redevelopment corporation shall file monthly reports with the

commissioner of transportation, within sixty days after the close of

each month, setting forth a detailed statement of the results of

operations in the twelve-month period ending with the close of said

month, including all items referred to in section three hundred six and

the amounts actually expended during said period on its improvement and

rehabilitation program.

Accounting terms. The meaning of all accounting terms used in

this article, and the calculation of each amount to be computed under

any provision of this article, shall be determined in accordance with

the uniform system of accounts for railroad companies or other

applicable rules, regulations, or orders of the interstate commerce

commission, or other federal regulatory agency having jurisdiction at

the time over the accounts of the corporation or, to the extent not so

governed, in accordance with sound accounting practice.

Termination of qualification. 1. The commissioner of

transportation shall make and file an order terminating the

qualification of a railroad redevelopment corporation if such

corporation or any affiliated corporation files an application for an

increase in the passenger fares and charges of such railroad

redevelopment corporation either with the commissioner of transportation

under section one hundred nineteen of the transportation law, or with

the interstate commerce commission under section thirteen of title

forty-nine of the United States code, and the acts amendatory thereof or

supplementary thereto.

2. A railroad redevelopment corporation, at any time not less than

three years after the date upon which it qualified as such, may

terminate its qualification by amending its certificate of

incorporation, by action pursuant to article eight of the business

corporation law, without requiring the consent and approval of the

commissioner of transportation, so as to delete therefrom the provision

that it elects to be qualified as a railroad redevelopment corporation.

3. Upon the termination of its qualification as a railroad

redevelopment corporation, such corporation shall cease to be entitled

to the benefits or subject to the obligations of a railroad

redevelopment corporation; but such corporation shall continue to comply

with its agreement as to the setting aside and use of a separate fund in

accordance with subparagraph (2) of paragraph (H) of subdivision two of

section three hundred three.

Orders of the commissioner of transportation. In addition to

its other powers under this article, the commissioner of transportation

shall have power, after a hearing held in his discretion, on his own

motion and on reasonable notice, to make and file such orders as he may

deem necessary or appropriate to direct a corporation which is or has

been a railroad redevelopment corporation to comply with any of the

terms and conditions contained in its certificate of approval or with

any provisions of this article which the commissioner of transportation

finds are not being complied with by such corporation.

Application of other laws. All provisions of law relating to

railroad corporations, as hereafter from time to time amended, shall

apply to railroad redevelopment corporations except where such

provisions are in conflict with the provisions of this article. Nothing

in this article shall be construed to limit the powers of the

commissioner of tranportation under any other provisions of law not in

conflict with the provisions of this article.

Laws repealed. Of the laws enumerated in the schedule hereto

annexed, that portion specified in the last column is hereby repealed.

When to take effect. This chapter shall take effect

immediately.