NY RR L § 24 (2021)
2021 New York Laws RRD - Railroad Article 2 - Organization, General Powers and Location 24 - Change of Route, Grade or Terminus; Abandonment of Line or Portion Thereof.

§  24.  Change  of  route,  grade  or terminus; abandonment of line or   portion thereof. Every railroad corporation,  except  elevated  railroad   corporations,  may,  by a vote of two-thirds of all its directors, alter   or change the route or any part of the route of its road or its termini,   or locate such route, or any part thereof, or its termini, in  a  county   adjoining  any  county  named in its certificate of incorporation, if it   shall appear to them that the line can be improved thereby, upon  making   and  filing in the clerk's office of the proper county a survey, map and   certificate of such alteration or change. If the same is made after  the   corporation has commenced grading the original route, compensation shall   be  made  to  all  persons  for injury done by such grading to any lands   donated to the corporation. But neither terminus can be  changed,  under   this  section,  to  any other county than one adjoining that in which it   was previously located; nor can the route or terminus of any railroad be   so changed in any town,  county  or  municipal  corporation,  which  has   issued  bonds and taken any stock or bonds in aid of the construction of   such railroad, without the written consent of a  majority  of  taxpayers   appearing  upon  the  last  assessment-roll  of  such  town,  county  or   municipal corporation, unless such  terminus,  after  the  change,  will   remain  in the same village or city as theretofore. No alteration of the   route of any railroad after its construction shall be made, or new  line   or  route  of road laid out or established, as provided in this section,   in any city or village, unless approved by a vote of two-thirds  of  the   common  council  of  the  city  or trustees of the village. Any railroad   corporation may, by a vote of its directors, change  the  grade  of  any   part  of  its  road, except that in the city of Buffalo such change must   conform to the general plan heretofore adopted and filed  by  the  grade   crossing commissioners of said city, or any modification thereof, within   the  territory  covered  by  said general plan, in such manner as it may   deem necessary to avoid accidents and facilitate the use of  such  road;   and  it  may by such vote alter the grade of its road, for such distance   and in such manner as it may deem necessary, on each or either  side  of   the  place  where the grade of its road has been changed by direction of   the commissioner of transportation, at any point where its road  crosses   any  canal  or  canal  feeder,  except  that in the city of Buffalo such   change must conform to the general plan heretofore adopted and filed  by   the  grade  crossing  commissioners  of  said  city, or any modification   thereof,  within  the  territory  covered  by  said  general  plan.  The   commissioner  of  transportation  shall  have  a general and supervisory   power over that part of any railroad which passes  over,  or  approaches   within  ten  rods of any canal or canal feeder belonging to the state so   far as may be necessary to preserve the free and  perfect  use  of  such   canals  or  feeders, or to make any repairs, improvements or alterations   in the same. Any railroad corporation whose  tracks  cross  any  of  the   canals  of  the state, and the grade of which may be raised by direction   of  the  commissioner  of  transportation,  with  the  assent  of   such   commissioner,  may  lay  out a new line of road to cross such canal at a   more favorable grade, and may extend such new line and connect the  same   with  any  other  line of road owned by such corporation upon making and   filing in the clerk's office of the proper  county  a  survey,  map  and   certificate  of  such new or altered line. Notwithstanding the foregoing   provisions of this section  or  of  any  other  provision  of  law,  any   railroad  corporation  may by a vote of two-thirds of all its directors,   or  by  action  of  its  receiver  or  trustee   if   in   receivership,   reorganization  or  bankruptcy,  taken  with the permission of the court   having jurisdiction, abandon all or any portion of its line or lines, or   the operation thereof,  provided,  however,  that  the  commissioner  of    transportation  has  determined  that  such abandonment is in the public   interest.