2023 New York Laws › RRD - Railroad › Article 2 - Organization, General Powers and Location › 21 - Railroads Along Highways.

§  21.  Railroads  along highways. No railroad corporation shall erect
  any bridge or other obstruction across, in or over any stream  or  lake,
  navigated  by  steam or sail boats at the place where it may be proposed
  to be erected, except as hereinafter provided, nor  shall  it  construct
  its road in, upon or across any street of any city without the assent of
  the  corporation  of such city, nor across, upon or along any highway in
  any town or street in any incorporated village, without the order of the
  supreme court of the  district  in  which  such  highway  or  street  is
  situated,  made  at  a  special  term  thereof, after at least ten days'
  written notice of the intention to make application for such order shall
  have been given to the superintendent of highways of such town, or board
  of trustees of the village in which such highway or street is  situated,
  and  also  to the commissioner of transportation in case such highway or
  street is one maintained in whole or in part  by  the  state;  provided,
  however,  that all bridges and other obstructions across, in or over any
  stream or lake and all railroad crossings of streets and highways  which
  have   existed  continuously  for  twenty-five  years  shall  be  deemed
  conclusively to have been properly authorized in so far as this  section
  is  concerned.    A  railroad  corporation  may construct and maintain a
  bridge for the purposes of its railroad, over any stream or lake  within
  this  state,  navigated  as  aforesaid, provided that the consent of the
  commissioner of transportation be granted; and provided further, that in
  case such waters are used as a  part  of  the  canal  system,  that  the
  consent  of  the  commissioner  of  transportation  be  obtained.  Every
  railroad corporation which shall build its road along,  across  or  upon
  any  stream, watercourse, street, highway, plank-road or turnpike, which
  the route of its road shall intersect or touch, shall restore the stream
  or  watercourse,  street,  highway,  plank-road   and   turnpike,   thus
  intersected  or touched, to its former state, or to such state as not to
  have unnecessarily  impaired  its  usefulness,  and  any  such  highway,
  turnpike or plank-road may be carried by it, under or over its track, as
  may  be  found  most  expedient. In all cases where a railroad crosses a
  highway at grade, the corporation  owning  or  operating  such  railroad
  shall  construct and maintain a roadway at least sixteen feet wide. Such
  roadway  shall  be  constructed  by  planking,  or  equally  serviceable
  material  for  making  a permanent road bed, which shall extend at least
  one foot outside of the outside rails  through  and  across  the  entire
  space between the rails at such crossing. Where an embankment or cutting
  shall  make a change in the line of such highway, turnpike or plank-road
  desirable, with a view  to  a  more  easy  ascent  or  descent,  it  may
  construct  such highway, turnpike or plank-road, on such new line as its
  directors  may  select,  and  may  take  additional  lands  therefor  by
  condemnation if necessary. Such lands so taken shall become part of such
  intersecting  highway,  turnpike or plank-road, and shall be held in the
  same manner and by the same tenure as the adjacent parts of the highway,
  turnpike or plank-road are held for  highway  purposes.  Every  railroad
  corporation   shall  pay  all  damages  sustained  by  any  turnpike  or
  plank-road corporation in consequence of its crossing or  occupation  of
  any  turnpike  or  plank-road and in case of inability to agree upon the
  amount of such damages it may acquire the  right  to  such  crossing  or
  occupation by condemnation.