NY Rapid Trans L § 80 (2021)
2021 New York Laws RAT - Rapid Transit Article 7 - Connection, Extension and Relocation of Railroads Within the City of New York 80 - Connecting Routes and Extension of Lines.

§  80.  Connecting  routes and extension of lines.  a. The commission,   from time to time, with the approval of the board of estimate and of the   mayor may grant a right or franchise or  enter  into  a  contract,  upon   application  to  such  commission  of  any  railroad corporation for the   purpose  of  constructing  and  operating  a  tunnel  railroad  from  an   adjoining  state under the North or Hudson or Harlem river to a terminus   within the  city;  or  under  the  North  or  Hudson  river  and  thence   transversely  across  and  under the surface of the borough of Manhattan   and thence under the East river by the shortest practicable route;  such   railroad to be connected with some trunk line railroad whose terminus is   in this or an adjoining state, thereby forming a continuous line for the   carriage of passengers and property.b.  A  similar  grant may be made, or a similar contract entered into,   upon the application of  a  railroad  corporation,  owning  or  actually   operating a trunk line railroad whose terminus is within the city, or of   a   railroad  corporation  owning  or  actually  operating,  or  by  the   certificate of the commission required to own  or  actually  operate,  a   railroad  wholly or partly within such city and engaged or intended, and   in such certificate so  recited  and  required,  to  be,  in  interstate   commerce  in connection with a trunk line railroad and which shall have,   or be required by such certificate to have a terminus in such city,  for   the  purpose of constructing and operating a railroad from such terminus   by the shortest practicable route to and under or over the East river or   the North or Hudson river, or the Harlem river, to any point in this  or   an  adjoining  state,  or  to connect such terminus with the railroad or   terminus of any other such railroad or trunk line railroad in this state   or to straighten or improve the grade or alignment of any such  railroad   or more directly connect any points thereon.c. If and when in the judgment of such commission the public interests   so demand, the commission, with like approval, may fix and determine the   route by which any such railroad corporation making such application may   so  establish  and  construct or so extend its lines into or within such   city, and may authorize any such railroad corporation to  construct  and   operate  any such railroad or connecting railroad under any streets, and   also in the case of any such railroad or connecting railroad  which  is,   or  by the terms of such certificate is required to be, operated or used   as a part of an interstate trunk line, to construct and operate the same   over and across any such streets, but not over  and  lengthwise  of  any   streets, with all necessary devices and appurtenances and with the right   to  emerge  to  the  surface  upon  private lands at the termini, and to   transport over the same passengers or freight or both and  to  run  over   the same either passenger trains or freight trains or mixed trains.d.  The  commission,  with  like approval, shall fix and determine the   locations and plans of construction of the railroad upon such route, the   times  within  which  portions  thereof  shall   be   constructed,   the   compensation to be made therefor to the city by the railroad corporation   to  which  the  grant shall be made, or with which the contract shall be   entered into, and such other terms, conditions and  requirements  as  to   the  commission  may  appear  just and proper. Every such grant shall be   made and every such contract entered into, however, upon  the  condition   that  the  railroad corporation to which the grant shall be made or with   which the  contract  shall  be  entered  into,  from  the  time  of  the   commencement  of  the operation of any such railroad, shall annually pay   to such city a sum or rental. The amount of such sum  or  rental  for  a   period of not more than twenty-five years, beginning with such operation   of  any  such  railroad,  shall  be prescribed by the commission in such   grant or contract. Every such grant or contract shall  provide  for  the   readjustment  of  the  amount of such sum or rental at the expiration of    the period for which it shall be so prescribed and for readjustment from   time to time in the future of the  amount  of  such  annual  payment  at   intervals  each  of  not more than twenty-five years. The grant may also   provide  that  the  city  shall have the right after the expiration of a   period fixed in the grant which shall not be more than twenty-five years   from the date on which operation of any portion of such  railroad  shall   commence  to purchase and take the right or franchise so granted and any   tunnel and railroad, thereby authorized, or any portion of  such  tunnel   and  railroad,  provided  the  city shall determine that such tunnel and   railroad or such portion of such tunnel and  railroad  is  necessary  or   desirable  for  use as part of some municipal system of rapid transit to   be owned by the city, upon giving a specified notice and upon payment of   the value of  such  tunnel  and  railroad,  or  portion  of  tunnel  and   railroad, but not including the franchise thereby granted, nor to exceed   the  actual  cost  in  money  of  construction  thereof  and of property   connected therewith. The grant  may  provide  in  default  of  agreement   thereon  for  ascertainment  and  determination by arbitration or by the   court of the amount to be paid by the  city  therefor.  Any  certificate   granted  by  the board of rapid transit railroad commissioners or by the   public service commission before the twenty-sixth day of  May,  nineteen   hundred  nine  authorizing  the construction and operation of any tunnel   and railroad under  the  provisions  of  this  section,  and  any  right   theretofore  given  to the city in or by any such certificate so granted   to purchase and take any tunnel and railroad, or  any  portion  of  such   tunnel  and  railroad shall be deemed to have been authorized, and every   such certificate is hereby ratified and confirmed as to such right given   thereby.e. A certificate shall be prepared by the commission attested  by  its   seal and the signature of its presiding officer, setting forth in detail   the  action  taken  and  grant  made  or  contract  entered  into by the   commission with respect to such railroad and the terms,  conditions  and   requirements  aforesaid, including provisions as to such annual payments   and the future  readjustments  thereof.  A  like  certificate  shall  be   prepared  in  like  manner  upon  every modification of the terms of the   grant or contract as provided in this  chapter.  Each  such  certificate   shall  prescribe  the  terms and conditions of the readjustments of such   annual payments and may provide for the  determination  of  such  amount   upon  such  readjustments  by  arbitration or by the supreme court. Such   certificate shall be delivered to such  railroad  corporation  upon  the   receipt  by  such  commission  of  a  written  acceptance  of the terms,   conditions and requirements of the grant or contract, duly  executed  by   such railroad corporation, so as to entitle it to be recorded.f.  Such  certificate shall be filed in the office of the secretary of   state, and a duly certified copy thereof shall be filed in the office of   the clerk of each  county  in  which  such  railroad  is  situated,  and   thereupon,  and upon fulfillment by such railroad corporation, so far as   it relates to such railroad, of such of the requirements and  conditions   as  are necessary to be fulfilled in such cases, under section seventeen   of article three of the  constitution,  and  upon  fulfillment  by  such   railroad  corporation  of  such other terms, conditions and requirements   enumerated in such certificate, as the  commission  may  require  to  be   fulfilled  as  a  condition  precedent  to  commencing  such  work, such   railroad corporation shall in such cases  possess  in  addition  to  its   already  existing  franchises  all  the powers conferred by this chapter   upon corporations  with  respect  to  its  railroads  authorized  to  be   constructed  as  aforesaid. When any routes, rights or franchises, shall   be so fixed and determined, and a certificate as  aforesaid  shall  have   been  duly  filed, such railroad corporation may construct the same with    all the rights and with like effect as though the same had been  a  part   of  the  original  route of its railroad then in actual operation, or as   may be provided in such certificate, but in every case  subject  to  all   the  provisions  and  conditions  of such certificate. Every certificate   prepared by the commission or any of its predecessors as aforesaid  when   delivered  to and accepted by such railroad corporation, shall be deemed   to  constitute  a  contract  between  such  city   and   such   railroad   corporation,  according  to the terms of such certificate. Such contract   shall be enforceable by the commission acting in  the  name  of  and  in   behalf  of  such  city  or  by  such  corporation according to the terms   thereof, but subject to the provisions of this  chapter.  The  terms  of   such  contract,  from  time  to  time,  with  like approval and with the   consent of such corporation, may be modified by the commission.g. But the construction and operation of such railroad  is  authorized   only  upon  the  condition that the consent of the owners of one-half in   value of the property bounded on, and the consent also of the  board  of   estimate  and  the  mayor be first obtained, provided that such board of   estimate and mayor, upon the presentation to them of any such  grant  or   contract,  without  requiring the execution of any other agreements than   those herein provided for, shall either approve or disapprove the  same.   Every  such  approval  shall  be  and  be  deemed  to  be,  free  of all   limitations except those contained in this chapter or the  constitution.   In  case  the  consent  of such property owners can not be obtained, the   appellate division of the supreme court in the department in which  such   railroad  is  proposed  to be constructed, upon application, in the same   manner and on the same notice specified in section  twenty-one  of  this   chapter,  may  appoint  three commissioners, who shall determine after a   hearing of all 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 such property owners.h. No grant or contract shall be made hereunder affecting in  any  way   the  liabilities  and obligations of the grantee or contracting railroad   corporation with reference to taxation for state or local purposes.  The   state  shall  not  be  liable  for  injuries  to  persons or property in   connection  with  any  railroad  or  other  construction  which  may  be   authorized  under the provisions of this chapter, nor shall the state be   liable for any damages in any event for  any  act  or  omission  of  the   commission.