2023 New York Laws › RRD - Railroad › Article 5 - Street Surface Railroads › 186 - Corporate Rights Saved in Case of Failure to Complete Road; Right to Operate Branches; Conditions; Former Consents Ratified; Limitations.

§  186.  Corporate  rights  saved in case of failure to complete road;
  right  to  operate  branches;  conditions;  former  consents   ratified;
  limitations.  The corporate existence and powers of every street surface
  railroad  corporation, which has completed a railroad upon a substantial
  portion of the route designated in its certificate of incorporation,  or
  of  extension, within ten years from the date of filing such certificate
  in the office of the department of state, and which was  operating  such
  completed  portion  of  its  railroad  on the twenty-third day of March,
  nineteen hundred and twelve, and had operated  a  portion  of  the  same
  continuously for a period of five years immediately preceding said date,
  shall  continue  as to the completed portion of said road only with like
  force and effect, as though it had in all  respects  complied  with  the
  provisions  of  law with reference to the time when it should have fully
  completed its road, or such extension. Every such corporation shall have
  the right to operate any extensions and branches of  its  railroad,  now
  constructed  and  operated  by  it,  which  had  been so constructed and
  operated by it, for a period of ten  years  immediately  preceding  said
  twenty-third  day of March, nineteen hundred and twelve, with like force
  and effect, as though the route of such  extensions  and  branches  were
  designated in its certificate of incorporation.
But  every  such  street surface railroad corporation is authorized to
  operate such railroad and  any  extensions  or  branches  thereof,  upon
  condition  that  it  has heretofore obtained, or shall hereafter obtain,
  the consent of the local authorities having the control of that  portion
  of  the  streets,  avenues or highways included in such railroad, or any
  extension or branch thereof, to the construction and  operation  of  the
  same,  and  also  upon  the condition that it has heretofore obtained or
  shall hereafter first obtain the consent of the owners  of  one-half  in
  value  of the property bounded on the portion of the streets, avenues or
  highways included in the route of such railroad, or  any  extensions  or
  branches  thereof,  to the construction and operation of the same, or in
  case the consent of such  property  owners  can  not  be  obtained,  the
  appellate  division of the supreme court of the department in which such
  railroad or any extension  or  branch  thereof  is  located,  may,  upon
  application,  appoint  three  commissioners who shall determine, after a
  hearing of all the 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.  If
  any street surface railroad corporation shall  have  made  and  filed  a
  statement  or  statements of proposed extensions or branches embracing a
  line from the boundary of a city or village to the boundary  of  another
  city  or  village  generally  parallel  with  the route specified in its
  certificate  of  incorporation  and  generally  distant  not  more  than
  one-half  mile  therefrom, and shall have made and filed an agreement of
  consolidation with some other street surface railroad corporation formed
  to build a street railroad upon a route continuous  or  connecting  with
  one  or  more of the routes described in such statement or statements of
  proposed extensions or branches, and thereafter there  shall  have  been
  constructed  and  operated  for  a period of four years a street surface
  railroad from such city or village to such other city or village upon  a
  line  embraced  in  any  such  proposed  extensions  or  branches,  such
  consolidated corporation may relinquish and  abandon  any  unconstructed
  route or unconstructed portions of route specified in the certificate of
  incorporation or in any statements or proposed extensions or branches of
  such  first  mentioned  corporation  by  filing  in  the  office  of the
  department of state a copy of a resolution of the board of directors  of
  such  consolidated corporation certified by its president and secretary,
  declaring such unconstructed route or unconstructed  portions  of  route

  relinquished  or  abandoned,  and thereupon the corporate rights, powers
  and franchises of such consolidated corporation shall  be  and  continue
  the  same as though the certificate of incorporation of such constituent
  corporation  had  specified  the  constructed  and not the unconstructed
  portions of  such  route  and  proposed  extensions  and  branches.  All
  consents  given,  or grants made by local authorities having the control
  of the portion of any street, avenue or highway included in the route of
  such railroad, or any extensions or branches thereof, to any such street
  surface railroad corporation,  prior  to  March  twenty-third,  nineteen
  hundred  and  twelve,  are  hereby  ratified  and confirmed and declared
  valid.   This  section  shall  not  apply  to  or  affect  any  railroad
  corporation  in  the  city of New York; nor any special grant made to or
  authority conferred upon any street surface railroad corporation by  any
  law  of  this  state;  nor any litigation pending on March twenty-third,
  nineteen hundred and twelve; nor shall it impair rights, privileges,  or
  franchises  existing  on  said  date  of  any  street  surface  railroad
  corporation.