2023 New York Laws › RRD - Railroad › Article 2 - Organization, General Powers and Location › 8 - Additional Powers Conferred.

§  8.  Additional  powers  conferred.  Subject  to the limitations and
  requirements of this  chapter  and  of  the  public  service  law  every
  railroad  corporation,  without  limitation  of  the powers given by the
  business corporation law, shall have power:
1. Entry upon lands for purposes of survey.  To  cause  the  necessary
  examination  and  survey  for  its  proposed railroad to be made for the
  selection of the most advantageous route; and for such purpose,  by  its
  officers,  agents or servants, to enter upon any lands or waters subject
  to liability to the owner for all damages done.
2. Construction of road. To lay out its road not exceeding six rods in
  width, and to construct and the same; and, for the purpose  of  cuttings
  and  embankments,  to take such additional lands as may be necessary for
  the proper construction and security of the road; and to  cut  down  any
  standing trees that may be in danger of falling on the road, upon making
  compensation   therefor.     No  railroad  corporation,  whose  proposed
  railroad, or any addition thereto, or branch or extension thereof, shall
  include as a  part  of  said  proposed  railroad,  addition,  branch  or
  extension,  a bridge across the Hudson river, or any approaches thereto,
  at any place or point between the federal dam at the city of  Troy,  and
  the  most southerly point therefrom where both opposite banks are wholly
  within the state of New York, shall construct or  commence  or  continue
  the  construction  of  any part of its said proposed railroad, addition,
  branch or extension, or construct or  use  any  connection  between  its
  existing  or  proposed  railroad  or  any addition thereto, or branch or
  extension  thereof,  and  any  such  bridge  which  may   hereafter   be
  constructed,  unless and until the plans for such bridge shall have been
  submitted to and approved by the  commissioner  of  transportation.  The
  commissioner  of  transportation shall not approve any plan for any such
  bridge which shall provide for more than a single span across the Hudson
  river between the present dyke lines or for any pier or abutment between
  the present dyke lines of the river, or for a clearance of less than one
  hundred thirty-five feet between the lowest part or member of the bridge
  superstructure and the mean level of the river. Full and complete  plans
  and specifications for such bridge and its approaches shall be submitted
  to  the  commissioner  of  transportation  by  the  railroad corporation
  proposing to erect the bridge and action by such officer shall be  taken
  thereon,  or  on  a  new  or  amended plan, within ninety days after the
  submission thereof and before approving or disapproving said  plan  said
  state  official shall give a public hearing thereon, which hearing shall
  be held in the city of Albany and notice of such  hearing,  stating  the
  time,  place  and briefly describing the purpose thereof, shall be given
  by publishing the same once at least ten days prior to  the  date  fixed
  for  the  hearing,  in  two  daily  newspapers  published in the city of
  Albany. If such plans, or new or amended plans be rejected such  officer
  shall  specify the reasons for the rejection in writing and shall within
  ten days mail a copy to the person, firm or corporation having submitted
  the same. Any railroad corporation which shall commence or continue  the
  construction  of  any  such  railroad,  addition, branch or extension or
  connection, except in  accordance  herewith,  shall  be  restrained  and
  enjoined from proceeding with the work of such construction in an action
  to  be brought for that purpose by the attorney-general, and in addition
  thereto, shall forfeit its charter. It is hereby made the  duty  of  the
  attorney-general  to  institute  and  prosecute  such action whenever it
  shall appear to his satisfaction that the grounds therefor exist.
3. Intersection  of  streams,  highways,  plank-roads,  turnpikes  and
  canals.  To  construct  its  road  across,  along  or  upon  any stream,
  water-course, highway, plank-road, turnpike, or across any of the canals
  of the state, which the route of its road shall intersect or touch.
4. Intersection of other railroads.  To  cross,  intersect,  join,  or
  unite  its  railroad  with any other railroad before constructed, at any
  point  on  its  route  and  upon  the  ground  of  such  other  railroad
  corporation,  with  the necessary turnouts, sidings, switches, and other
  conveniences in furtherance of the objects of its connections.
5.  Buildings  and  stations.  To erect and maintain all necessary and
  convenient  buildings,  stations,  fixtures  and   machinery   for   the
  accommodation and use of its passengers, freight and business.
6.  Transportation of persons and property. To take and convey persons
  and property on its railroad by the  power  or  force  of  steam  or  of
  animals,  or  by  any  mechanical  power,  except  where  such  power is
  specially prescribed  in  this  chapter,  and  to  receive  compensation
  therefor.
7.  Time and manner of transportation. To regulate the time and manner
  in  which  passengers  and  property  shall  be  transported,  and   the
  compensation to be paid therefor.
8.  In  addition  to  the  power  conferred by subparagraph (a) (6) of
  section two hundred two of the business corporation  law,  to  purchase,
  take,  receive,  subscribe  for,  or otherwise acquire, own, hold, vote,
  employ, sell, lend, lease, exchange, transfer, or otherwise dispose  of,
  mortgage,  pledge,  use  and otherwise deal in and with, bonds and other
  obligations, shares, or other securities or interests issued by  others,
  whether engaged in similar or different business, governmental, or other
  activities, if authorized in its certificate of incorporation.