N.Y. Railroad Law § 191: Road not to be constructed upon ground occupied by public buildings or in public parks

§ 191. Road not to be constructed upon ground occupied by public

buildings or in public parks. No street surface railroad shall be

constructed or extended upon ground occupied by buildings belonging to

any town, city, county or to the state, or to the United States, or in

public parks, except in tunnels to be approved by the local authorities

having control of such parks. Provided, however, that the commissioners

of the state reservation at Niagara, by and with the consent of the

commissioners of the land office, may construct, without expense to the

state, street railroad tracks upon and along that part of the riverway,

so called, between Falls and Niagara streets, in the city of Niagara

Falls, and in their discretion may grant revocable licenses to street

surface railroad companies to use such tracks upon such terms as said

commissioners may prescribe. And provided, further, that a street

railroad may be constructed or extended upon a route or routes with a

right of way not exceeding fifty feet in width in the Pelham Bay park in

the city of New York, said route or routes to be designated and fixed by

the board of estimate and apportionment of said city, with the approval

of the park board of said city, and shall constitute the most direct,

appropriate route or routes in the opinion of said board of estimate and

apportionment and said park board, but no such street surface railroad

shall be constructed or extended until a franchise or right therefor

shall have been granted by said board of estimate and apportionment,

pursuant to the statutes relating to the granting of such franchises or

rights, and requiring adequate compensation therefor, and no company or

corporation shall be given the exclusive right to operate a street

surface railroad upon such route or routes, and no such street surface

railroad shall be constructed at grade upon, along or across any of the

existing or proposed streets, highways, driveways, parkways or park

walks within the limits of said park.