NY RR L § 16 (2021)
2021 New York Laws RRD - Railroad Article 2 - Organization, General Powers and Location 16 - Location of Route.

§  16.  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.