NY RR L § 170 (2021)
2021 New York Laws RRD - Railroad Article 5 - Street Surface Railroads 170 - Street Surface Railroads; General Provisions.

§  170.  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.