NY Rapid Trans L § 20 (2021)
2021 New York Laws RAT - Rapid Transit Article 3 - Determination of Necessity for Railroads and Approval of Routes 20 - Board of Transportation to Determine Necessity for Railroads; Routes; Plan; Consents; Streets Excepted.

§  20.  Board  of transportation to determine necessity for railroads;   routes;  plan;  consents;  streets  excepted.      a.   The   board   of   transportation  upon  its  own motion may proceed, from time to time, to   consider and determine whether it is for the interest of the public  and   the city that a railroad should be established therein, or whether it is   for  the interest of the public and such city that any railroad which is   to be or is owned by such city by  virtue  of  the  provisions  of  this   chapter  or  any  other  law,  should  be extended beyond its previously   established routes, or that  any  such  routes  should  be  modified  or   changed,   or  that  any  of  such  previously  established  methods  of   transportation  should  be  replaced  by  other  more   convenient   and   serviceable  methods.  Upon  the  request  in  writing  of  the board of   estimate at  any  time,  such  board  of  transportation  shall  proceed   forthwith  to  consider  and  determine such questions, and in each case   such  board  of  transportation  shall  conduct  such  an  inquest   and   investigation  as may be deemed necessary in the premises. If, after any   such consideration and  inquest,  such  board  of  transportation  shall   determine  that  a  railroad,  in  addition  to  any  already  existing,   authorized or proposed, or any extension, modification or change of  the   route or method of transportation of any previously established railroad   that  may be or is owned by such city by virtue of the provisions of any   law, are necessary for the interest of the  public  and  such  city,  it   shall  proceed  to  determine  and  establish  the route thereof and the   general plan of construction. Such general plan shall show  the  general   mode  of operation and contain such details as to manner of construction   as may be necessary to show the extent to which  any  street  is  to  be   encroached  upon  and the property abutting thereon affected. Such board   of transportation, from time to time,  may  locate  the  route  of  such   railroad  over,  upon,  under, through and across any streets, including   blocks between streets, or partly over, under, upon, through and  across   any  streets  and  partly through blocks between streets. The consent of   the owners of one-half or more in value of the property bounded  on  and   the consent also of the board of estimate shall be first obtained, or in   case  the  consent  of  such  property  owners  cannot  be obtained, the   determination of the appellate division  of  the  supreme  court,  given   after  due  hearing of all parties interested, shall be taken in lieu of   the consent of such property owners as provided in section twenty-one of   this chapter.b. No public park nor any lands or places, lawfully set apart for,  or   occupied by, any public building of any city or county, or of the state,   or of the United States, nor those portions of Grand, Classon, Franklin,   Bedford  avenues  and Downing street in the borough of Brooklyn, city of   New York, lying between the  southerly  line  of  Lexington  avenue  and   northerly  line  of  Atlantic avenue, nor that portion of the borough of   Brooklyn lying between and circumscribed by  such  avenues  and  streets   exclusive of that portion of the streets in the foregoing territory upon   or   through   which   elevated  railroads  were  in  operation  on  the   thirty-first day of  January,  eighteen  hundred  ninety-one;  nor  that   portion  of  Classon  avenue in such borough lying between the northerly   line of Lexington avenue and southerly line of  Park  avenue,  nor  that   portion  of  Washington  avenue  in  such borough lying between Park and   Atlantic avenues, nor that portion of Nostrand avenue  in  such  borough   lying  northerly of the northerly line of Eastern parkway, nor Debevoise   place, Irving place and Lefferts place, Lee avenue, Waverly avenue,  St.   James  place,  Cambridge  place, Vanderbilt avenue and Clinton avenue in   such borough of Brooklyn, nor that portion of the city of Buffalo  lying   between  Michigan and Main streets, nor any part of Fifth avenue, in the   borough of Manhattan, city of New York, nor that portion of  any  street    which,  on  the thirty-first day of January, eighteen hundred ninety-one   was actually occupied by  any  elevated  railroad  structure,  shall  be   occupied  by  any corporation for the purpose of constructing a railroad   in or upon any of such streets, or upon or along either of such excepted   streets.  It  shall be lawful for such board of transportation to locate   the route of a rapid transit railroad by tunnel under any  such  streets   and to locate the route of any railroad to be built, under this chapter,   across  any  of  the  streets which, on the thirty-first day of January,   eighteen hundred ninety-one,  were  occupied  by  an  elevated  railroad   structure in the city of New York, or across any of the streets excepted   in  this  chapter at any point at which, in its discretion, the board of   transportation may deem necessary in  the  location  of  any  route,  or   under, or under and along, any of such streets which, on such date, were   so  occupied  or  so  excepted  in this chapter. Nothing in this chapter   shall authorize the construction of an  elevated  railroad  on  Broadway   south  of  Thirty-third  street, nor on Madison avenue in the borough of   Manhattan, city of New York. It shall not be lawful  to  grant,  use  or   occupy, for the purposes of an elevated railroad, except for the purpose   of  crossing the same, any portion of the following named streets in the   borough of Manhattan, city of New York, that is to say:  Second  avenue,   below  Twenty-third street; Fourteenth street, between the easterly line   or side of Seventh avenue, and the westerly side of Fourth  avenue;  nor   Eleventh  street,  west  of Seventh avenue, nor any part of Bank street;   Nassau street; Printing House square, south of  Frankfort  street;  Park   row, south of Tryon row; Broad street and Wall street.c.  The provisions of this section, with reference to any railroad for   which routes and a general plan had been adopted by the board  of  rapid   transit  railroad  commissioners of the city before the twenty-third day   of April, nineteen hundred, and for the municipal construction of  which   a  contract  had been made by the city before such date, shall be deemed   to have been in full force from before the  time  when  the  routes  and   general  plan  for  such  railroad were so adopted by the board of rapid   transit railroad commissioners.d. Upon the adoption of any route and general plan of construction  of   any  railroad,  under  this  chapter,  the board of transportation shall   prepare and file in  the  office  of  the  secretary  of  the  board  of   estimate,  at  or  prior  to  the  time  of submission of such route and   general plan of construction to the board of estimate and the mayor  for   approval,  a  statement  signed  by at least two members of the board of   transportation and countersigned  by  its  chief  engineer,  showing  in   detail the estimated cost of construction and equipment of such railroad   and  the estimated time required for the completion of such construction   and equipment, together with an estimate by  years  of  the  prospective   results  of the operation of such railroad over a term of ten years from   the estimated date of the beginning of operation thereof.