N.Y. Railroad Law § 186: Corporate rights saved in case of failure to complete road; right to operate branches; conditions; former consents ratified; limitations

§ 186. Corporate rights saved in case of failure to complete road;

right to operate branches; conditions; former consents ratified;

limitations. The corporate existence and powers of every street surface

railroad corporation, which has completed a railroad upon a substantial

portion of the route designated in its certificate of incorporation, or

of extension, within ten years from the date of filing such certificate

in the office of the department of state, and which was operating such

completed portion of its railroad on the twenty-third day of March,

nineteen hundred and twelve, and had operated a portion of the same

continuously for a period of five years immediately preceding said date,

shall continue as to the completed portion of said road only with like

force and effect, as though it had in all respects complied with the

provisions of law with reference to the time when it should have fully

completed its road, or such extension. Every such corporation shall have

the right to operate any extensions and branches of its railroad, now

constructed and operated by it, which had been so constructed and

operated by it, for a period of ten years immediately preceding said

twenty-third day of March, nineteen hundred and twelve, with like force

and effect, as though the route of such extensions and branches were

designated in its certificate of incorporation.

But every such street surface railroad corporation is authorized to

operate such railroad and any extensions or branches thereof, upon

condition that it has heretofore obtained, or shall hereafter obtain,

the consent of the local authorities having the control of that portion

of the streets, avenues or highways included in such railroad, or any

extension or branch thereof, to the construction and operation of the

same, and also upon the condition that it has heretofore obtained or

shall hereafter first obtain the consent of the owners of one-half in

value of the property bounded on the portion of the streets, avenues or

highways included in the route of such railroad, or any extensions or

branches thereof, to the construction and operation of the same, or in

case the consent of such property owners can not be obtained, the

appellate division of the supreme court of the department in which such

railroad or any extension or branch thereof is located, may, upon

application, appoint three commissioners who shall determine, after a

hearing of all the 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. If

any street surface railroad corporation shall have made and filed a

statement or statements of proposed extensions or branches embracing a

line from the boundary of a city or village to the boundary of another

city or village generally parallel with the route specified in its

certificate of incorporation and generally distant not more than

one-half mile therefrom, and shall have made and filed an agreement of

consolidation with some other street surface railroad corporation formed

to build a street railroad upon a route continuous or connecting with

one or more of the routes described in such statement or statements of

proposed extensions or branches, and thereafter there shall have been

constructed and operated for a period of four years a street surface

railroad from such city or village to such other city or village upon a

line embraced in any such proposed extensions or branches, such

consolidated corporation may relinquish and abandon any unconstructed

route or unconstructed portions of route specified in the certificate of

incorporation or in any statements or proposed extensions or branches of

such first mentioned corporation by filing in the office of the

department of state a copy of a resolution of the board of directors of

such consolidated corporation certified by its president and secretary,

declaring such unconstructed route or unconstructed portions of route

relinquished or abandoned, and thereupon the corporate rights, powers

and franchises of such consolidated corporation shall be and continue

the same as though the certificate of incorporation of such constituent

corporation had specified the constructed and not the unconstructed

portions of such route and proposed extensions and branches. All

consents given, or grants made by local authorities having the control

of the portion of any street, avenue or highway included in the route of

such railroad, or any extensions or branches thereof, to any such street

surface railroad corporation, prior to March twenty-third, nineteen

hundred and twelve, are hereby ratified and confirmed and declared

valid. This section shall not apply to or affect any railroad

corporation in the city of New York; nor any special grant made to or

authority conferred upon any street surface railroad corporation by any

law of this state; nor any litigation pending on March twenty-third,

nineteen hundred and twelve; nor shall it impair rights, privileges, or

franchises existing on said date of any street surface railroad

corporation.