N.Y. Railroad Law Section 170
Street surface railroads

  • general provisions

The provisions of this article shall apply to every corporation which, under the provisions thereof, or of any other law, has constructed or shall construct or operate, or has been or shall be organized to construct or operate, a street surface railroad, or any extension or extensions, branch or branches thereof, for public use in the conveyance of persons and property for compensation, upon and along any street, avenue, road, highway, or private property, in any city, town or village, or in any two or more civil divisions of the state, and every such corporation must comply with the provisions of this article. Any street surface railroad corporation, at any time proposing to extend its road or to construct branches thereof, may, from time to time, make and file in each of the offices in which its certificate of incorporation is filed, a statement of the name and description of the streets, roads, avenues, highways and private property in or upon which it is proposed to construct, maintain or operate such extensions or branches. Upon filing any such statement and upon complying with the conditions set forth in § 171 (Consent of property owners and local authorities)section one hundred and seventy-one of this chapter, every such corporation shall have the power and privilege to construct, extend, operate and maintain such road, extensions or branches, upon and along the streets, avenues, roads, highways and private property named and described in its certificate of incorporation or in such statement. Every such corporation, before constructing any part of its road upon or through any private property described in its articles of association or certificate of incorporation or statement, and before instituting any proceeding for the acquisition of any real property, shall make a map and profile of the route adopted by it upon or through any private property, which map and profile shall be certified by the president and engineer of the company, or a majority of its directors, and shall be filed in the office of the clerk of the county in which the road is to be constructed, and all provisions of § 16 (Location of route)section sixteen of this chapter so far as applicable shall apply to the route so located. If any such street surface railroad company is unable to agree for the purchase of any such real property, or of any right or easement therein required for the purpose of its railroad, or if the owner thereof shall be incapable of selling the same, or if, after diligent search and inquiry, the name and residence of such owner cannot be ascertained, it shall have the right to acquire title thereto in the manner and by the proceedings provided by the eminent domain procedure law. Nothing in this section shall be deemed to authorize a street railroad corporation whose railroad is mainly, upon, along, above or below streets and highways to acquire real property within a city, but nothing in this section shall apply to or affect rapid transit railways constructed, maintained or operated under any rapid transit act.

Source: Section 170 — Street surface railroads; general provisions, https://www.­nysenate.­gov/legislation/laws/RRD/170 (updated Sep. 22, 2014; accessed Jul. 13, 2024).

Street surface railroads
Consent of property owners and local authorities
Consent of local authorities
Condition upon which consent shall be given
The term “terminable permit” as used in this article shall mean and embrace every grant from a city, town or village of power, right or p...
Every city, town and village of this state, in addition to such powers as it may have relating to the granting of rights, privileges, fra...
Every city, town and village of this state shall have power, subject to the provisions of sections one hundred and seventy-three-a to one...
Whenever any street surface railroad is or may be operated along or upon any of the streets, roads, highways, avenues, parks or public pl...
The acceptance of a terminable permit, or the acceptance of an amendment to any existing license, grant, franchise, permit or consent inc...
Every terminable permit, and every amendment to any existing license, grant, franchise, permit or consent incorporating therein the terms...
Approval of permit or amendment by commissioner of transportation
Existing license, grant, franchise, permit or consent reinstated on invalidity of amendment
Proceedings if property owners do not consent
Percentage of gross receipts to be paid in cities or villages
Extension of route over rivers
Use of tracks of other roads
Repair of streets
Within what time road to be built
Motive power
Rate of fare
Collection of fare
Construction of road in street where other road is built
Abandonment of part of route
Effect of dissolution of charter as to consents
Corporate rights saved in case of failure to complete road
Extensions and franchises confirmed
Certain consents of local authorities confirmed
Time extended for payment of percentage based on gross receipts
Road not to be constructed upon ground occupied by public buildings or in public parks
Center-bearing rails prohibited
Relocation of tracks
Right to cross bridge substituted for a bridge crossed for five years
Protection of employees
Platforms on new cars, how constructed
Protection to employees in the counties of Albany and Rensselaer
Protection of employees in the counties of Kings and Queens
Contracts for the adjustment of payments due certain cities
Construction of park railroads in cities having a population of one million five hundred thousand or upwards
Consents of property owners
Expense of construction and operation
Agreements for payment of cost of construction by instalments
Disposition of income
Motive power
Railroads in parks in New York city, by whom constructed
Change of motive power authorized
New streets across other than steam surface railroads

Jul. 13, 2024

Last modified:
Sep. 22, 2014

§ 170’s source at nysenate​.gov

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