2023 New York Laws › RAT - Rapid Transit › Article 7 - Connection, Extension and Relocation of Railroads Within the City of New York › 80 - Connecting Routes and Extension of Lines.

§  80.  Connecting  routes and extension of lines.  a. The commission,
  from time to time, with the approval of the board of estimate and of the
  mayor may grant a right or franchise or  enter  into  a  contract,  upon
  application  to  such  commission  of  any  railroad corporation for the
  purpose  of  constructing  and  operating  a  tunnel  railroad  from  an
  adjoining  state under the North or Hudson or Harlem river to a terminus
  within the  city;  or  under  the  North  or  Hudson  river  and  thence
  transversely  across  and  under the surface of the borough of Manhattan
  and thence under the East river by the shortest practicable route;  such
  railroad to be connected with some trunk line railroad whose terminus is
  in this or an adjoining state, thereby forming a continuous line for the
  carriage of passengers and property.
b.  A  similar  grant may be made, or a similar contract entered into,
  upon the application of  a  railroad  corporation,  owning  or  actually
  operating a trunk line railroad whose terminus is within the city, or of
  a   railroad  corporation  owning  or  actually  operating,  or  by  the
  certificate of the commission required to own  or  actually  operate,  a
  railroad  wholly or partly within such city and engaged or intended, and
  in such certificate so  recited  and  required,  to  be,  in  interstate
  commerce  in connection with a trunk line railroad and which shall have,
  or be required by such certificate to have a terminus in such city,  for
  the  purpose of constructing and operating a railroad from such terminus
  by the shortest practicable route to and under or over the East river or
  the North or Hudson river, or the Harlem river, to any point in this  or
  an  adjoining  state,  or  to connect such terminus with the railroad or
  terminus of any other such railroad or trunk line railroad in this state
  or to straighten or improve the grade or alignment of any such  railroad
  or more directly connect any points thereon.
c. If and when in the judgment of such commission the public interests
  so demand, the commission, with like approval, may fix and determine the
  route by which any such railroad corporation making such application may
  so  establish  and  construct or so extend its lines into or within such
  city, and may authorize any such railroad corporation to  construct  and
  operate  any such railroad or connecting railroad under any streets, and
  also in the case of any such railroad or connecting railroad  which  is,
  or  by the terms of such certificate is required to be, operated or used
  as a part of an interstate trunk line, to construct and operate the same
  over and across any such streets, but not over  and  lengthwise  of  any
  streets, with all necessary devices and appurtenances and with the right
  to  emerge  to  the  surface  upon  private lands at the termini, and to
  transport over the same passengers or freight or both and  to  run  over
  the same either passenger trains or freight trains or mixed trains.
d.  The  commission,  with  like approval, shall fix and determine the
  locations and plans of construction of the railroad upon such route, the
  times  within  which  portions  thereof  shall   be   constructed,   the
  compensation to be made therefor to the city by the railroad corporation
  to  which  the  grant shall be made, or with which the contract shall be
  entered into, and such other terms, conditions and  requirements  as  to
  the  commission  may  appear  just and proper. Every such grant shall be
  made and every such contract entered into, however, upon  the  condition
  that  the  railroad corporation to which the grant shall be made or with
  which the  contract  shall  be  entered  into,  from  the  time  of  the
  commencement  of  the operation of any such railroad, shall annually pay
  to such city a sum or rental. The amount of such sum  or  rental  for  a
  period of not more than twenty-five years, beginning with such operation
  of  any  such  railroad,  shall  be prescribed by the commission in such
  grant or contract. Every such grant or contract shall  provide  for  the
  readjustment  of  the  amount of such sum or rental at the expiration of

  the period for which it shall be so prescribed and for readjustment from
  time to time in the future of the  amount  of  such  annual  payment  at
  intervals  each  of  not more than twenty-five years. The grant may also
  provide  that  the  city  shall have the right after the expiration of a
  period fixed in the grant which shall not be more than twenty-five years
  from the date on which operation of any portion of such  railroad  shall
  commence  to purchase and take the right or franchise so granted and any
  tunnel and railroad, thereby authorized, or any portion of  such  tunnel
  and  railroad,  provided  the  city shall determine that such tunnel and
  railroad or such portion of such tunnel and  railroad  is  necessary  or
  desirable  for  use as part of some municipal system of rapid transit to
  be owned by the city, upon giving a specified notice and upon payment of
  the value of  such  tunnel  and  railroad,  or  portion  of  tunnel  and
  railroad, but not including the franchise thereby granted, nor to exceed
  the  actual  cost  in  money  of  construction  thereof  and of property
  connected therewith. The grant  may  provide  in  default  of  agreement
  thereon  for  ascertainment  and  determination by arbitration or by the
  court of the amount to be paid by the  city  therefor.  Any  certificate
  granted  by  the board of rapid transit railroad commissioners or by the
  public service commission before the twenty-sixth day of  May,  nineteen
  hundred  nine  authorizing  the construction and operation of any tunnel
  and railroad under  the  provisions  of  this  section,  and  any  right
  theretofore  given  to the city in or by any such certificate so granted
  to purchase and take any tunnel and railroad, or  any  portion  of  such
  tunnel  and  railroad shall be deemed to have been authorized, and every
  such certificate is hereby ratified and confirmed as to such right given
  thereby.
e. A certificate shall be prepared by the commission attested  by  its
  seal and the signature of its presiding officer, setting forth in detail
  the  action  taken  and  grant  made  or  contract  entered  into by the
  commission with respect to such railroad and the terms,  conditions  and
  requirements  aforesaid, including provisions as to such annual payments
  and the future  readjustments  thereof.  A  like  certificate  shall  be
  prepared  in  like  manner  upon  every modification of the terms of the
  grant or contract as provided in this  chapter.  Each  such  certificate
  shall  prescribe  the  terms and conditions of the readjustments of such
  annual payments and may provide for the  determination  of  such  amount
  upon  such  readjustments  by  arbitration or by the supreme court. Such
  certificate shall be delivered to such  railroad  corporation  upon  the
  receipt  by  such  commission  of  a  written  acceptance  of the terms,
  conditions and requirements of the grant or contract, duly  executed  by
  such railroad corporation, so as to entitle it to be recorded.
f.  Such  certificate shall be filed in the office of the secretary of
  state, and a duly certified copy thereof shall be filed in the office of
  the clerk of each  county  in  which  such  railroad  is  situated,  and
  thereupon,  and upon fulfillment by such railroad corporation, so far as
  it relates to such railroad, of such of the requirements and  conditions
  as  are necessary to be fulfilled in such cases, under section seventeen
  of article three of the  constitution,  and  upon  fulfillment  by  such
  railroad  corporation  of  such other terms, conditions and requirements
  enumerated in such certificate, as the  commission  may  require  to  be
  fulfilled  as  a  condition  precedent  to  commencing  such  work, such
  railroad corporation shall in such cases  possess  in  addition  to  its
  already  existing  franchises  all  the powers conferred by this chapter
  upon corporations  with  respect  to  its  railroads  authorized  to  be
  constructed  as  aforesaid. When any routes, rights or franchises, shall
  be so fixed and determined, and a certificate as  aforesaid  shall  have
  been  duly  filed, such railroad corporation may construct the same with

  all the rights and with like effect as though the same had been  a  part
  of  the  original  route of its railroad then in actual operation, or as
  may be provided in such certificate, but in every case  subject  to  all
  the  provisions  and  conditions  of such certificate. Every certificate
  prepared by the commission or any of its predecessors as aforesaid  when
  delivered  to and accepted by such railroad corporation, shall be deemed
  to  constitute  a  contract  between  such  city   and   such   railroad
  corporation,  according  to the terms of such certificate. Such contract
  shall be enforceable by the commission acting in  the  name  of  and  in
  behalf  of  such  city  or  by  such  corporation according to the terms
  thereof, but subject to the provisions of this  chapter.  The  terms  of
  such  contract,  from  time  to  time,  with  like approval and with the
  consent of such corporation, may be modified by the commission.
g. But the construction and operation of such railroad  is  authorized
  only  upon  the  condition that the consent of the owners of one-half in
  value of the property bounded on, and the consent also of the  board  of
  estimate  and  the  mayor be first obtained, provided that such board of
  estimate and mayor, upon the presentation to them of any such  grant  or
  contract,  without  requiring the execution of any other agreements than
  those herein provided for, shall either approve or disapprove the  same.
  Every  such  approval  shall  be  and  be  deemed  to  be,  free  of all
  limitations except those contained in this chapter or the  constitution.
  In  case  the  consent  of such property owners can not be obtained, the
  appellate division of the supreme court in the department in which  such
  railroad  is  proposed  to be constructed, upon application, in the same
  manner and on the same notice specified in section  twenty-one  of  this
  chapter,  may  appoint  three commissioners, who shall determine after a
  hearing of all 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 such property owners.
h. No grant or contract shall be made hereunder affecting in  any  way
  the  liabilities  and obligations of the grantee or contracting railroad
  corporation with reference to taxation for state or local purposes.  The
  state  shall  not  be  liable  for  injuries  to  persons or property in
  connection  with  any  railroad  or  other  construction  which  may  be
  authorized  under the provisions of this chapter, nor shall the state be
  liable for any damages in any event for  any  act  or  omission  of  the
  commission.