NY RR L § 186 (2021)
2021 New York Laws RRD - Railroad Article 5 - Street Surface Railroads 186 - Corporate Rights Saved in Case of Failure to Complete Road; Right to Operate Branches; Conditions; Former Consents Ratified; Limitations.

§  186.  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.