N.Y. Railroad Law Section 176
Extension of route over rivers

  • terminus in other counties
  • when property owners withhold consent
  • supreme court may appoint commissioners

Any street railroad in operation in this state, which shall, by a two-thirds vote of its directors, decide to extend the route of its road, so as to cross a river over and by any bridge now or hereafter constructed under the provisions of any law of this state, may so extend its route over and across such bridge upon such terms as may be mutually agreed upon between it and such bridge company, and may locate the terminus of its road in the county adjoining the one in which its road is now located and in operation, upon first obtaining the consent of such bridge company or its lessees, and the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of that portion of a street or highway upon which it is proposed to construct or operate such railroad, or in case the consent of such property owners can not be obtained the appellate division of the supreme court in the district in which it is proposed to be constructed may, upon application, 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 the property owners. Whenever a terminus of any public viaduct, bridge or bridges, or public viaduct connected with any bridge or bridges, heretofore or hereafter constructed in and owned and maintained by any city having a population of three hundred thousand or more, or by any town adjoining the same, is or shall be located at or adjacent to or within one-half mile of the route of any existing street surface railroad, the corporation owning or operating such railroad may, irrespective of any provisions otherwise applicable thereto contained in any general or local act, upon obtaining the consent of the local authorities and property owners as above provided, and upon complying with the provisions of this chapter applicable thereto, extend its road or route and construct and operate its railroad, to, upon and across such viaduct, bridge or bridges and approaches thereto for the purpose of connecting with another railroad route not more than one-half mile distant from such bridge or viaduct so as to afford a continuous ride for one fare, subject to the provisions of this chapter, or for the purpose of reaching the depot, station or terminus of another railroad not more than one-half mile distant from such bridge or viaduct. This section shall not apply to any bridge over the Hudson or East rivers in the counties of New York and Kings, nor to any bridge or viaduct constructed under the provisions of any so-called grade crossing law.

Source: Section 176 — Extension of route over rivers; terminus in other counties; when property owners withhold consent; supreme court may appoint commissioners, https://www.­nysenate.­gov/legislation/laws/RRD/176 (updated Sep. 22, 2014; accessed Jun. 15, 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

Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 176’s source at nysenate​.gov

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