N.Y. Railroad Law Section 8
Additional powers conferred


Subject to the limitations and requirements of this chapter and of the public service law every railroad corporation, without limitation of the powers given by the business corporation law, shall have power:

1.

Entry upon lands for purposes of survey. To cause the necessary examination and survey for its proposed railroad to be made for the selection of the most advantageous route; and for such purpose, by its officers, agents or servants, to enter upon any lands or waters subject to liability to the owner for all damages done.

2.

Construction of road. To lay out its road not exceeding six rods in width, and to construct and the same; and, for the purpose of cuttings and embankments, to take such additional lands as may be necessary for the proper construction and security of the road; and to cut down any standing trees that may be in danger of falling on the road, upon making compensation therefor. No railroad corporation, whose proposed railroad, or any addition thereto, or branch or extension thereof, shall include as a part of said proposed railroad, addition, branch or extension, a bridge across the Hudson river, or any approaches thereto, at any place or point between the federal dam at the city of Troy, and the most southerly point therefrom where both opposite banks are wholly within the state of New York, shall construct or commence or continue the construction of any part of its said proposed railroad, addition, branch or extension, or construct or use any connection between its existing or proposed railroad or any addition thereto, or branch or extension thereof, and any such bridge which may hereafter be constructed, unless and until the plans for such bridge shall have been submitted to and approved by the commissioner of transportation. The commissioner of transportation shall not approve any plan for any such bridge which shall provide for more than a single span across the Hudson river between the present dyke lines or for any pier or abutment between the present dyke lines of the river, or for a clearance of less than one hundred thirty-five feet between the lowest part or member of the bridge superstructure and the mean level of the river. Full and complete plans and specifications for such bridge and its approaches shall be submitted to the commissioner of transportation by the railroad corporation proposing to erect the bridge and action by such officer shall be taken thereon, or on a new or amended plan, within ninety days after the submission thereof and before approving or disapproving said plan said state official shall give a public hearing thereon, which hearing shall be held in the city of Albany and notice of such hearing, stating the time, place and briefly describing the purpose thereof, shall be given by publishing the same once at least ten days prior to the date fixed for the hearing, in two daily newspapers published in the city of Albany. If such plans, or new or amended plans be rejected such officer shall specify the reasons for the rejection in writing and shall within ten days mail a copy to the person, firm or corporation having submitted the same. Any railroad corporation which shall commence or continue the construction of any such railroad, addition, branch or extension or connection, except in accordance herewith, shall be restrained and enjoined from proceeding with the work of such construction in an action to be brought for that purpose by the attorney-general, and in addition thereto, shall forfeit its charter. It is hereby made the duty of the attorney-general to institute and prosecute such action whenever it shall appear to his satisfaction that the grounds therefor exist.

3.

Intersection of streams, highways, plank-roads, turnpikes and canals. To construct its road across, along or upon any stream, water-course, highway, plank-road, turnpike, or across any of the canals of the state, which the route of its road shall intersect or touch.

4.

Intersection of other railroads. To cross, intersect, join, or unite its railroad with any other railroad before constructed, at any point on its route and upon the ground of such other railroad corporation, with the necessary turnouts, sidings, switches, and other conveniences in furtherance of the objects of its connections.

5.

Buildings and stations. To erect and maintain all necessary and convenient buildings, stations, fixtures and machinery for the accommodation and use of its passengers, freight and business.

6.

Transportation of persons and property. To take and convey persons and property on its railroad by the power or force of steam or of animals, or by any mechanical power, except where such power is specially prescribed in this chapter, and to receive compensation therefor.

7.

Time and manner of transportation. To regulate the time and manner in which passengers and property shall be transported, and the compensation to be paid therefor.

8.

In addition to the power conferred by subparagraph (a) (6) of Business Corporation Law § 202 (General powers)section two hundred two of the business corporation law, to purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, employ, sell, lend, lease, exchange, transfer, or otherwise dispose of, mortgage, pledge, use and otherwise deal in and with, bonds and other obligations, shares, or other securities or interests issued by others, whether engaged in similar or different business, governmental, or other activities, if authorized in its certificate of incorporation.

Source: Section 8 — Additional powers conferred, https://www.­nysenate.­gov/legislation/laws/RRD/8 (updated Sep. 22, 2014; accessed Mar. 23, 2024).

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 8’s source at nysenate​.gov

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