N.Y. Railroad Law § 176: Extension of route over rivers; terminus in other counties; when property owners withhold consent; supreme court may appoint commissioners

§ 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.