2023 New York Laws › RRD - Railroad › Article 5 - Street Surface Railroads › 176 - Extension of Route Over Rivers; Terminus in Other Counties; When Property Owners Withhold Consent; Supreme Court May Appoint Commissioners.

§  176.  Extension  of  route over rivers; terminus in other counties;
  when  property  owners  withhold  consent;  supreme  court  may  appoint
  commissioners.  Any  street  railroad  in operation in this state, which
  shall, by a two-thirds vote of its directors, decide to extend the route
  of its road, so as to cross a river  over  and  by  any  bridge  now  or
  hereafter constructed under the provisions of any law of this state, may
  so  extend  its route over and across such bridge upon such terms as may
  be mutually agreed upon between it and  such  bridge  company,  and  may
  locate the terminus of its road in the county adjoining the one in which
  its  road  is  now  located  and  in operation, upon first obtaining the
  consent of such bridge company or its lessees, and the  consent  of  the
  owners  of one-half in value of the property bounded on, and the consent
  also of the local authorities having the control of that  portion  of  a
  street or highway upon which it is proposed to construct or operate such
  railroad,  or  in  case  the  consent of such property owners can not be
  obtained the appellate division of the supreme court in the district  in
  which  it  is  proposed to be constructed may, upon application, 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 the property owners. Whenever a terminus  of  any  public
  viaduct,  bridge or bridges, or public viaduct connected with any bridge
  or bridges,  heretofore  or  hereafter  constructed  in  and  owned  and
  maintained  by any city having a population of three hundred thousand or
  more, or by any town adjoining the same, is or shall be  located  at  or
  adjacent  to or within one-half mile of the route of any existing street
  surface railroad, the corporation owning or operating such railroad may,
  irrespective of any provisions otherwise applicable thereto contained in
  any general or local act,  upon  obtaining  the  consent  of  the  local
  authorities  and  property  owners as above provided, and upon complying
  with the provisions of this chapter applicable thereto, extend its  road
  or  route  and  construct  and operate its railroad, to, upon and across
  such viaduct, bridge or bridges and approaches thereto for  the  purpose
  of  connecting  with  another railroad route not more than one-half mile
  distant from such bridge or viaduct so as to afford  a  continuous  ride
  for  one  fare,  subject  to  the provisions of this chapter, or for the
  purpose of reaching the depot, station or terminus of  another  railroad
  not  more  than  one-half mile distant from such bridge or viaduct. This
  section shall not apply to any bridge over the Hudson or East rivers  in
  the  counties  of  New  York  and  Kings,  nor  to any bridge or viaduct
  constructed under the provisions of any so-called grade crossing law.