N.Y. Railroad Law Section 172
Consent of local authorities

  • how procured

The application for the consent of the local authorities shall be in writing and before acting thereon such authorities shall give public notice thereof and of the time and place when it will first be considered, which notice shall be published daily in any city for at least fourteen days in two of its daily newspapers if there be two, if not, in one, to be designated by the mayor, and in any village or town for at least fourteen days in a newspaper published therein, if any there shall be, and if none, then daily in two daily newspapers if there be two, if not, one published in the city nearest such village or town. Upon application for such consent, the local authorities shall also give written notice of the filing of such application to all common carriers operating in the town, village or city to the local authorities of which such application is made. Such consent must be upon the expressed condition that the provisions of this article pertinent thereto shall be complied with, and shall be filed in the office of the clerk of the county in which such railroad is located. Whenever the consent of the common council of a city is applied for, the first consideration, of which notice is hereby required, may be by committee of such common council. Any such notice, publication or consideration heretofore or hereafter given, made or had in substantial conformity with the requirements of this section, is and shall be sufficient notice, publication and consideration for all the purposes hereof notwithstanding any conflicting provision of any local or special act or charter.

Source: Section 172 — Consent of local authorities; how procured, https://www.­nysenate.­gov/legislation/laws/RRD/172 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

170
Street surface railroads
171
Consent of property owners and local authorities
172
Consent of local authorities
173
Condition upon which consent shall be given
173‑A
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...
173‑B
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...
173‑C
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...
173‑D
Whenever any street surface railroad is or may be operated along or upon any of the streets, roads, highways, avenues, parks or public pl...
173‑E
The acceptance of a terminable permit, or the acceptance of an amendment to any existing license, grant, franchise, permit or consent inc...
173‑F
Every terminable permit, and every amendment to any existing license, grant, franchise, permit or consent incorporating therein the terms...
173‑G
Approval of permit or amendment by commissioner of transportation
173‑H
Existing license, grant, franchise, permit or consent reinstated on invalidity of amendment
174
Proceedings if property owners do not consent
175
Percentage of gross receipts to be paid in cities or villages
176
Extension of route over rivers
177
Use of tracks of other roads
178
Repair of streets
178‑A
Headlights
179
Within what time road to be built
180
Motive power
181
Rate of fare
182
Collection of fare
183
Construction of road in street where other road is built
184
Abandonment of part of route
185
Effect of dissolution of charter as to consents
186
Corporate rights saved in case of failure to complete road
187
Extensions and franchises confirmed
188
Certain consents of local authorities confirmed
189
Time extended for payment of percentage based on gross receipts
191
Road not to be constructed upon ground occupied by public buildings or in public parks
192
Center-bearing rails prohibited
192‑A
Relocation of tracks
193
Right to cross bridge substituted for a bridge crossed for five years
194
Protection of employees
195
Platforms on new cars, how constructed
196
Protection to employees in the counties of Albany and Rensselaer
197
Protection of employees in the counties of Kings and Queens
198
Contracts for the adjustment of payments due certain cities
201
Construction of park railroads in cities having a population of one million five hundred thousand or upwards
202
Consents of property owners
203
Expense of construction and operation
204
Agreements for payment of cost of construction by instalments
205
Disposition of income
206
Motive power
207
Railroads in parks in New York city, by whom constructed
209
Change of motive power authorized
210
New streets across other than steam surface railroads

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 172’s source at nysenate​.gov

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