NY RR L § 17 (2021)
2021 New York Laws RRD - Railroad Article 2 - Organization, General Powers and Location 17 - Acquisition of Title to Real Property; Additions, Betterments and Facilities.

§  17.  Acquisition  of title to real property; additions, betterments   and facilities.  All real property required by any railroad  corporation   for  the  construction,  maintenance  and  accommodation of its railroad   shall be deemed to be required for a public use, and may be acquired  by   such  corporation.    If  the  corporation  is  unable  to agree for the   purchase of any such  real  property,  or  of  any  right,  interest  or   easement therein, required for any such purpose, or if the owner thereof   shall  be incapable of selling the same, or if after diligent search and   inquiry the name and residence of any such owner cannot be  ascertained,   it  shall have the right to acquire title thereto by condemnation. Every   railroad corporation shall have the power from time to time to make  and   use  upon or in connection with any railroad either owned or operated by   it, such additions, betterments and facilities as may  be  necessary  or   convenient  for  the  better management, maintenance or operation of any   such railroad, and shall have the right by purchase or by  condemnation,   to  acquire  any real property required therefor, and it shall also have   the right of condemnation in the following additional cases:1. Where title to real property has been acquired, or attempted to  be   acquired, and has been found to be invalid or defective.2.  Where  its  railroad  shall be lawfully in possession of a lessee,   mortgagee, trustee or receiver, and additional real  property  shall  be   required for the purpose of running or operating such railroad.3. Where it shall require for any railroad owned or operated by it any   further  rights  to lands or the use of lands for additional main tracks   or for branches, sidings, switches, or turn-outs or for  connections  or   for cut-offs or for shortening or straightening or improving the line or   grade  of  its road or any part thereof. Also where it shall require any   further rights to lands or the use of lands for filling  any  structures   of  its  road,  or  for  constructing, widening or completing any of its   embankments or roadbeds, by means of which greater safety or  permanency   may  be  secured, and such land shall be contiguous to such railroad and   reasonably accessible.4. Where it shall require any further right to lands or to the use  of   lands  for  the  flow  of  water  occasioned  by railroad embankments or   structures now in use, or hereafter rendered necessary, or for any other   purpose necessary for the operation of such railroad, or for  any  right   to  take  and convey water from any spring, pond, creek or river to such   railroad, for the uses and purposes thereof, together with the right  to   build or lay aqueducts or pipes for the purpose of conveying such water,   and  to  take  up,  relay  and  repair the same, or for any right of way   required for carrying away or diverting any water, stream or floods from   such railroad for the purpose of protecting its road or for the  purpose   of  preventing  any embankment, excavation or structure of such railroad   from injuring the property of any person who may be rendered  liable  to   injury thereby.Waters  commonly  used  for  domestic,  agricultural  or manufacturing   purposes, shall not be taken by condemnation to such  an  extent  as  to   injuriously  interfere  with such use in future. No railroad corporation   shall have the right to acquire by condemnation any right or easement in   or to any  real  property  owned  or  occupied  by  any  other  railroad   corporation, except the right to intersect or cross the tracks and lands   owned  or  held  for  right  of  way  by such other corporation, without   appropriating or affecting  any  lands  owned  or  held  for  depots  or   gravel-beds.Whenever  any  real property is required by any steam surface railroad   corporation, the lines of which within this state  are  situated  wholly   within  a  city  of  over  one  million  inhabitants,  for  the purposes   mentioned in this section, it shall be  a  condition  precedent  to  the    bringing,  or,  if heretofore brought, to the continuing of condemnation   proceedings by any railroad corporation to acquire  said  real  property   that  it  procure  the  consent of the commissioner to acquire such real   property,  and  unless  such  consent  is  given  and  procured the said   property shall not be condemned.  The last preceding  requirement  shall   apply  to  all  proceedings  pending  at  the  time this amendment takes   effect.