N.Y. Railroad Law § 17: Acquisition of title to real property; additions, betterments and facilities

§ 17. Acquisition of title to real property; additions, betterments

and facilities. All real property required by any railroad corporation

for the construction, maintenance and accommodation of its railroad

shall be deemed to be required for a public use, and may be acquired by

such corporation. If the corporation is unable to agree for the

purchase of any such real property, or of any right, interest or

easement therein, required for any such purpose, or if the owner thereof

shall be incapable of selling the same, or if after diligent search and

inquiry the name and residence of any such owner cannot be ascertained,

it shall have the right to acquire title thereto by condemnation. Every

railroad corporation shall have the power from time to time to make and

use upon or in connection with any railroad either owned or operated by

it, such additions, betterments and facilities as may be necessary or

convenient for the better management, maintenance or operation of any

such railroad, and shall have the right by purchase or by condemnation,

to acquire any real property required therefor, and it shall also have

the right of condemnation in the following additional cases:

1. Where title to real property has been acquired, or attempted to be

acquired, and has been found to be invalid or defective.

2. Where its railroad shall be lawfully in possession of a lessee,

mortgagee, trustee or receiver, and additional real property shall be

required for the purpose of running or operating such railroad.

3. Where it shall require for any railroad owned or operated by it any

further rights to lands or the use of lands for additional main tracks

or for branches, sidings, switches, or turn-outs or for connections or

for cut-offs or for shortening or straightening or improving the line or

grade of its road or any part thereof. Also where it shall require any

further rights to lands or the use of lands for filling any structures

of its road, or for constructing, widening or completing any of its

embankments or roadbeds, by means of which greater safety or permanency

may be secured, and such land shall be contiguous to such railroad and

reasonably accessible.

4. Where it shall require any further right to lands or to the use of

lands for the flow of water occasioned by railroad embankments or

structures now in use, or hereafter rendered necessary, or for any other

purpose necessary for the operation of such railroad, or for any right

to take and convey water from any spring, pond, creek or river to such

railroad, for the uses and purposes thereof, together with the right to

build or lay aqueducts or pipes for the purpose of conveying such water,

and to take up, relay and repair the same, or for any right of way

required for carrying away or diverting any water, stream or floods from

such railroad for the purpose of protecting its road or for the purpose

of preventing any embankment, excavation or structure of such railroad

from injuring the property of any person who may be rendered liable to

injury thereby.

Waters commonly used for domestic, agricultural or manufacturing

purposes, shall not be taken by condemnation to such an extent as to

injuriously interfere with such use in future. No railroad corporation

shall have the right to acquire by condemnation any right or easement in

or to any real property owned or occupied by any other railroad

corporation, except the right to intersect or cross the tracks and lands

owned or held for right of way by such other corporation, without

appropriating or affecting any lands owned or held for depots or

gravel-beds.

Whenever any real property is required by any steam surface railroad

corporation, the lines of which within this state are situated wholly

within a city of over one million inhabitants, for the purposes

mentioned in this section, it shall be a condition precedent to the

bringing, or, if heretofore brought, to the continuing of condemnation

proceedings by any railroad corporation to acquire said real property

that it procure the consent of the commissioner to acquire such real

property, and unless such consent is given and procured the said

property shall not be condemned. The last preceding requirement shall

apply to all proceedings pending at the time this amendment takes

effect.