N.Y. Railroad Law § 21: Railroads along highways

§ 21. Railroads along highways. No railroad corporation shall erect

any bridge or other obstruction across, in or over any stream or lake,

navigated by steam or sail boats at the place where it may be proposed

to be erected, except as hereinafter provided, nor shall it construct

its road in, upon or across any street of any city without the assent of

the corporation of such city, nor across, upon or along any highway in

any town or street in any incorporated village, without the order of the

supreme court of the district in which such highway or street is

situated, made at a special term thereof, after at least ten days'

written notice of the intention to make application for such order shall

have been given to the superintendent of highways of such town, or board

of trustees of the village in which such highway or street is situated,

and also to the commissioner of transportation in case such highway or

street is one maintained in whole or in part by the state; provided,

however, that all bridges and other obstructions across, in or over any

stream or lake and all railroad crossings of streets and highways which

have existed continuously for twenty-five years shall be deemed

conclusively to have been properly authorized in so far as this section

is concerned. A railroad corporation may construct and maintain a

bridge for the purposes of its railroad, over any stream or lake within

this state, navigated as aforesaid, provided that the consent of the

commissioner of transportation be granted; and provided further, that in

case such waters are used as a part of the canal system, that the

consent of the commissioner of transportation be obtained. Every

railroad corporation which shall build its road along, across or upon

any stream, watercourse, street, highway, plank-road or turnpike, which

the route of its road shall intersect or touch, shall restore the stream

or watercourse, street, highway, plank-road and turnpike, thus

intersected or touched, to its former state, or to such state as not to

have unnecessarily impaired its usefulness, and any such highway,

turnpike or plank-road may be carried by it, under or over its track, as

may be found most expedient. In all cases where a railroad crosses a

highway at grade, the corporation owning or operating such railroad

shall construct and maintain a roadway at least sixteen feet wide. Such

roadway shall be constructed by planking, or equally serviceable

material for making a permanent road bed, which shall extend at least

one foot outside of the outside rails through and across the entire

space between the rails at such crossing. Where an embankment or cutting

shall make a change in the line of such highway, turnpike or plank-road

desirable, with a view to a more easy ascent or descent, it may

construct such highway, turnpike or plank-road, on such new line as its

directors may select, and may take additional lands therefor by

condemnation if necessary. Such lands so taken shall become part of such

intersecting highway, turnpike or plank-road, and shall be held in the

same manner and by the same tenure as the adjacent parts of the highway,

turnpike or plank-road are held for highway purposes. Every railroad

corporation shall pay all damages sustained by any turnpike or

plank-road corporation in consequence of its crossing or occupation of

any turnpike or plank-road and in case of inability to agree upon the

amount of such damages it may acquire the right to such crossing or

occupation by condemnation.