NY RR L § 183 (2021)
2021 New York Laws RRD - Railroad Article 5 - Street Surface Railroads 183 - Construction of Road in Street Where Other Road Is Built.

§  183.  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.