2023 New York Laws › RRD - Railroad › Article 5 - Street Surface Railroads › 183 - Construction of Road in Street Where Other Road Is Built.

§  183.  Construction of road in street where other road is built.  No
  street surface railroad corporation shall construct, extend  or  operate
  its  road  or  tracks  in  that  portion  of any street, avenue, road or
  highway, in which a street surface railroad  is  or  shall  be  lawfully
  constructed, except for necessary crossings, or, in cities, villages and
  towns   of  less  than  one  million  two  hundred  and  fifty  thousand
  inhabitants over any bridges, without first obtaining the consent of the
  corporation owning and maintaining the  same,  except  that  any  street
  surface  railroad  company  may use the tracks of another street surface
  railroad company for a distance not exceeding one thousand feet, and  if
  in  a  city  having  a  population  of  less  than  thirty-five thousand
  inhabitants, for a distance not exceeding fifteen hundred feet,  and  in
  cities,  villages  and  towns  of  less than one million two hundred and
  fifty thousand inhabitants, shall have the right to lay its tracks upon,
  and run over and use any bridges used wholly or in part as a footbridge,
  whenever the court upon an application  shall be satisfied that such use
  is actually  necessary  to  connect  main  portions  of  a  line  to  be
  constructed  or  operated as an independent railroad, or to connect said
  railroad with a ferry, or with another existing railroad, and  that  the
  public  convenience  requires  the same, in which event the right to use
  shall only be given for a compensation to an extent and in a  manner  to
  be  ascertained  and  determined  by  the  supreme court pursuant to the
  provisions of the eminent domain procedure law, or by  the  commissioner
  of transportation in cases where the corporations interested shall unite
  in a request for such commissioner of transportation to act. The supreme
  court  in  determining  the  compensation  to be paid for the use by one
  corporation of the tracks of another shall consider and  allow  for  the
  use  of  the  tracks  for all injury and damage to the corporation whose
  tracks may be so used. Any street surface railroad corporation  may,  in
  pursuance  of  a  unanimous vote of the stockholders voting at a special
  meeting called for that purpose  by  notice  in  writing,  signed  by  a
  majority  of  the directors of such corporation, stating the time, place
  and object of the meeting, and served upon each stockholder appearing as
  such upon the books of the corporation, personally or by  mail,  at  his
  last  known  post  office  address,  at  least  sixty days prior to such
  meeting, guarantee the  bonds  of  any  other  street  surface  railroad
  corporation  whose  road  is fully or partly in the same city or town or
  adjacent  cities  or  towns.  Notwithstanding  any  of  the   provisions
  contained  in  this  section,  any  street  surface railroad corporation
  having a franchise to construct, maintain and operate  in  any  city  by
  underground  electric power over any one street or avenue for a distance
  of more than three miles thereon, and operating under such franchise  by
  underground  electric  power  on such street or avenue over tracks which
  extend more than four thousand feet on each end of the tracks of another
  street surface railroad corporation located on such street or avenue and
  operated by underground electric power, may use the tracks of such other
  street surface railroad corporation located on such street or avenue for
  a distance not exceeding two thousand five hundred feet, and  shall  pay
  therefor  such  compensation  as  may be agreed upon between such street
  railroad corporations, or if such street railroad corporations  can  not
  so  agree,  such compensation shall be ascertained and determined by the
  supreme court pursuant to the provisions of the eminent domain procedure
  law.