N.Y. Railroad Law Section 191
Road not to be constructed upon ground occupied by public buildings or in public parks


No street surface railroad shall be constructed or extended upon ground occupied by buildings belonging to any town, city, county or to the state, or to the United States, or in public parks, except in tunnels to be approved by the local authorities having control of such parks. Provided, however, that the commissioners of the state reservation at Niagara, by and with the consent of the commissioners of the land office, may construct, without expense to the state, street railroad tracks upon and along that part of the riverway, so called, between Falls and Niagara streets, in the city of Niagara Falls, and in their discretion may grant revocable licenses to street surface railroad companies to use such tracks upon such terms as said commissioners may prescribe. And provided, further, that a street railroad may be constructed or extended upon a route or routes with a right of way not exceeding fifty feet in width in the Pelham Bay park in the city of New York, said route or routes to be designated and fixed by the board of estimate and apportionment of said city, with the approval of the park board of said city, and shall constitute the most direct, appropriate route or routes in the opinion of said board of estimate and apportionment and said park board, but no such street surface railroad shall be constructed or extended until a franchise or right therefor shall have been granted by said board of estimate and apportionment, pursuant to the statutes relating to the granting of such franchises or rights, and requiring adequate compensation therefor, and no company or corporation shall be given the exclusive right to operate a street surface railroad upon such route or routes, and no such street surface railroad shall be constructed at grade upon, along or across any of the existing or proposed streets, highways, driveways, parkways or park walks within the limits of said park.

Source: Section 191 — Road not to be constructed upon ground occupied by public buildings or in public parks, https://www.­nysenate.­gov/legislation/laws/RRD/191 (updated Sep. 22, 2014; accessed Jun. 22, 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:
Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 191’s source at nysenate​.gov

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