NY RR L § 28 (2021)
2021 New York Laws RRD - Railroad Article 2 - Organization, General Powers and Location 28 - Tunnel Railroads.

§  28. 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.