N.Y. Railroad Law § 229: Powers

§ 229. Powers. Subject to the provisions of the transportation law,

every such corporation shall have power, in addition to the powers

conferred by the business corporation law and by subdivisions four and

six of section eight of this chapter:

1. To take and convey persons and property on its railroad by the

power or force of steam or by any motor other than animal power, and to

receive compensation therefor.

2. To enter upon and underneath the several streets, avenues and

public places and lands designated by the commissioners, and enter into

and upon the soil of the same, to construct, maintain, operate and use

in accordance with the plan adopted by the commissioners, a railroad

upon the route or routes and to the points decided upon and to secure

the necessary foundations and erect the columns, piers and other

structures which may be required to secure safety and stability in the

construction and maintenance of the railroad constructed upon such plan

and for operating the same; and to make such excavations and openings

along the route through which such railroad shall be constructed as

shall be necessary from time to time. In all cases the surface of the

streets around such foundations, piers and columns shall be restored to

the condition in which they were before such excavations were made, as

near as may be, and any interference with or change in the water mains,

or in the sewers or lamp posts, except such changes as may be made with

the concurrence of the proper department or authority, shall be avoided;

and the use of the streets, avenues, places and lands designated by the

commissioners and the right of way through the same for the purpose of a

railroad, as herein authorized, shall be considered and is hereby

declared to be a public use, consistent with the uses for which the

roads, streets, avenues and public places are publicly held. No such

corporation shall have the right to acquire the use or occupancy of

public parks or squares in any such city or county, or the use or

occupancy of any of the streets or avenues, except such as may have been

designated for the route or routes of such railroad, and except such

temporary privileges as the proper authorities may grant to such

corporations to facilitate such construction, and no such railroad shall

be constructed across the track of any steam railroad now in actual

operation at the grade thereof, nor shall any piers or supports for any

elevated railroad be erected upon a railroad track now actually in use

in any street or avenue; and no such corporation shall construct a

street surface railroad to run in whole or in part upon the surface of

any street or highway under the provisions of this article.