N.Y. Railroad Law § 183: Construction of road in street where other road is built

§ 183. Construction of road in street where other road is built. No

street surface railroad corporation shall construct, extend or operate

its road or tracks in that portion of any street, avenue, road or

highway, in which a street surface railroad is or shall be lawfully

constructed, except for necessary crossings, or, in cities, villages and

towns of less than one million two hundred and fifty thousand

inhabitants over any bridges, without first obtaining the consent of the

corporation owning and maintaining the same, except that any street

surface railroad company may use the tracks of another street surface

railroad company for a distance not exceeding one thousand feet, and if

in a city having a population of less than thirty-five thousand

inhabitants, for a distance not exceeding fifteen hundred feet, and in

cities, villages and towns of less than one million two hundred and

fifty thousand inhabitants, shall have the right to lay its tracks upon,

and run over and use any bridges used wholly or in part as a footbridge,

whenever the court upon an application shall be satisfied that such use

is actually necessary to connect main portions of a line to be

constructed or operated as an independent railroad, or to connect said

railroad with a ferry, or with another existing railroad, and that the

public convenience requires the same, in which event the right to use

shall only be given for a compensation to an extent and in a manner to

be ascertained and determined by the supreme court pursuant to the

provisions of the eminent domain procedure law, or by the commissioner

of transportation in cases where the corporations interested shall unite

in a request for such commissioner of transportation to act. The supreme

court in determining the compensation to be paid for the use by one

corporation of the tracks of another shall consider and allow for the

use of the tracks for all injury and damage to the corporation whose

tracks may be so used. Any street surface railroad corporation may, in

pursuance of a unanimous vote of the stockholders voting at a special

meeting called for that purpose by notice in writing, signed by a

majority of the directors of such corporation, stating the time, place

and object of the meeting, and served upon each stockholder appearing as

such upon the books of the corporation, personally or by mail, at his

last known post office address, at least sixty days prior to such

meeting, guarantee the bonds of any other street surface railroad

corporation whose road is fully or partly in the same city or town or

adjacent cities or towns. Notwithstanding any of the provisions

contained in this section, any street surface railroad corporation

having a franchise to construct, maintain and operate in any city by

underground electric power over any one street or avenue for a distance

of more than three miles thereon, and operating under such franchise by

underground electric power on such street or avenue over tracks which

extend more than four thousand feet on each end of the tracks of another

street surface railroad corporation located on such street or avenue and

operated by underground electric power, may use the tracks of such other

street surface railroad corporation located on such street or avenue for

a distance not exceeding two thousand five hundred feet, and shall pay

therefor such compensation as may be agreed upon between such street

railroad corporations, or if such street railroad corporations can not

so agree, such compensation shall be ascertained and determined by the

supreme court pursuant to the provisions of the eminent domain procedure

law.