2023 New York Laws › RAT - Rapid Transit › Article 3 - Determination of Necessity for Railroads and Approval of Routes › 23 - Interference With Tracks and Sub-Surface Structures.

§  23.  Interference  with  tracks  and  sub-surface  structures.   a.
  Wherever or whenever the route selected by the board  of  transportation
  or  one  of its predecessors for the construction of such railroad shall
  intersect, cross or coincide  with  any  railroad  track  occupying  the
  surface of any street, or the construction or operation of such railroad
  shall interfere with any sub-surface structures, any person constructing
  any  railroad  or  part  of  a railroad under any contract made with the
  board  of  transportation  or  one  of  its  predecessors,   is   hereby
  authorized,  for  the  purpose  of constructing such work, to remove the
  track of any such railroad, or any of such sub-surface structures.  Such
  removal  shall  be  done  in  such  manner  as to interfere as little as
  possible with the practical operation or workings of such  railroad,  or
  the  works  or  business  of  the  owners  of  any  of  such sub-surface
  structures. Upon the construction of such railroad built  under  and  in
  conformity  with  the provisions of this chapter, where such removals or
  changes have been made, such track or sub-surface  structures  shall  be
  restored  as  nearly  as  may  be  to  the  condition in which they were
  previous to the construction  of  any  such  railroad  built  under  the
  provisions  of  this  chapter.  Any damages which such owner may sustain
  shall be ascertained by a commissioner to be  appointed  in  the  manner
  provided by the condemnation law.
b.  For  the  purpose of the construction or operation of any railroad
  under the provisions of this chapter, the board  of  transportation  may
  remove or cause to be removed, any sub-surface structures underneath any
  street. Such structures shall be replaced as soon as practicable, either
  in  the  same  position as before or in a secure and convenient position
  underneath such street or  underneath  such  other  street,  as  may  be
  approved  by  the  head  of  the  agency of the city having jurisdiction
  thereof. This section shall not authorize the permanent removal from any
  street of any subways  or  conduits  for  the  reception  of  electrical
  conductors  which  shall  have  been  placed in such street prior to the
  construction of the railroad, without  the  consent  of  the  owner  and
  lessee of such subway or conduit.
c. All such removals and restorations shall be made at the proper cost
  and charge of such person as may have made such removals, but subject to
  the provisions of his contract, if any, with the board of transportation
  or   one   of   its   predecessors.  For  the  purpose  of  facilitating
  construction, and to diminish the period of occupancy of any street  for
  the  transportation  of material, any contractor acting under a contract
  made in pursuance of this chapter, with the approval  of  the  board  of
  transportation,  may  lay  upon  or  over  the  surface  of  any street,
  temporary tramways, to  be  used  only  for  the  removal  of  excavated
  materials   or   the   transportation  of  materials  for  use  in  such
  construction.   Any such tramway shall be  removed  forthwith  upon  the
  direction  of  the  board  of  transportation.  This  section  shall not
  authorize the construction or operation of any street railroad or  grant
  to any person the right to lay down railroad tracks.