N.Y. Railroad Law § 224: Adoption of plans, and terms upon which road shall be built

§ 224. Adoption of plans, and terms upon which road shall be built.

The commissioners by such public notice, and under such conditions, and

with such inducements as they may prescribe, shall invite a submission

of plans for the construction and operation of such railroad, and shall

meet at a time and place in such notice named, not more than ninety days

after their organization, and decide upon the plans for the construction

thereof, with the necessary supports, turnouts, switches, sidings,

connections, landing-places, stations, buildings, platforms, stairways,

elevators, telegraph and signal devices, or other requisite appliances,

upon the route or location determined upon by them. They shall, upon

notice to the local authorities, and after hearing all parties

interested, fix and determine what compensation, if any, in a gross sum,

or in a certain percentage of receipts, shall annually be paid to the

local authorities by the corporation formed for the purpose of

constructing, maintaining and operating such railroad for public use in

the conveyance of persons and property, for the use and occupation by

the corporation of the streets, avenues and highways in and upon which

its railroad is to be constructed, and the time when such railroad, or a

portion thereof, shall be constructed and ready for operation, and the

maximum rates to be paid for transportation and conveyance thereon, and

the hours during which special cars or trains shall be run at reduced

rates of fare; and the amount of the capital stock of such corporation,

and the number of shares into which it shall be divided, and the

percentage thereof to be paid in cash on subscribing for such shares.

The commissioners may select two or more routes, upon one of which

such railroad may be constructed and operated; and the local authorities

may consent to the construction and operation of such railroad upon one

or more of such routes, or parts thereof; and the commissioners shall

have power to change and re-adopt routes and plans for the construction

and operation of such railroad after they have been submitted to the

local authorities, in cases where such authorities may recommend such

changes, or may not be willing to consent to the construction or

operation of the railroad upon the routes and plans adopted, unless such

changes are made therein.