N.Y. Railroad Law § 223: Determination of necessity of railroad and route

§ 223. Determination of necessity of railroad and route. The

commissioners shall, within thirty days after such organization,

determine upon the necessity of such steam railroad, and if they find it

to be necessary, they shall, within sixty days after such organization,

fix and determine the route therefor, and shall have the exclusive power

to locate such route, over, under, through or across the streets,

avenues, places or lands in such county or city, and to provide for the

connection or junction with any other railroad or bridge, if the consent

of the owners of one-half in value of the property bounded on and the

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

street or highway upon which it is proposed to construct or operate such

railroad have been first obtained. If the consent of such property

owners can not be obtained, the determination of three commissioners

appointed by the appellate division of the supreme court of the

department where the railroad is to be constructed, made after due

hearing of all parties interested, and confirmed by the court, that such

railroad ought to be constructed and operated, may be taken in lieu of

the consent of such property owners. No such railroad shall be located

in or upon such portion of any street, avenue, place or lands in such

county as are now occupied by an elevated or underground railroad or in

which such a railroad has already been authorized by law to be so

located and constructed, or which are contained in public parks, or

occupied by buildings belonging to the county or the state or the United

States, or in or upon the following streets, avenues and public places,

viz.: Broadway, Fifth avenue, Fourth avenue above Forty-second street,

in the borough of Manhattan, city of New York; Debevoise place, Irving

place, Lefferts place, those portions of Grand, Classon and Franklin

avenues and Downing street lying between the southerly line of Lexington

avenue and the northerly line of Atlantic avenue, that portion of

Classon avenue lying between the northerly line of Lexington avenue and

the southerly line of Park avenue, and that portion of Washington avenue

lying between Park and Atlantic avenues in the borough of Brooklyn; and

that portion of the city of Buffalo lying between Michigan and Main

streets; but such railroad may be located and constructed across such

excepted streets, avenues and places only at their intersection with

other streets, avenues and places.