N.Y. Railroad Law § 24: Change of route, grade or terminus; abandonment of line or portion thereof

§ 24. Change of route, grade or terminus; abandonment of line or

portion thereof. Every railroad corporation, except elevated railroad

corporations, may, by a vote of two-thirds of all its directors, alter

or change the route or any part of the route of its road or its termini,

or locate such route, or any part thereof, or its termini, in a county

adjoining any county named in its certificate of incorporation, if it

shall appear to them that the line can be improved thereby, upon making

and filing in the clerk's office of the proper county a survey, map and

certificate of such alteration or change. If the same is made after the

corporation has commenced grading the original route, compensation shall

be made to all persons for injury done by such grading to any lands

donated to the corporation. But neither terminus can be changed, under

this section, to any other county than one adjoining that in which it

was previously located; nor can the route or terminus of any railroad be

so changed in any town, county or municipal corporation, which has

issued bonds and taken any stock or bonds in aid of the construction of

such railroad, without the written consent of a majority of taxpayers

appearing upon the last assessment-roll of such town, county or

municipal corporation, unless such terminus, after the change, will

remain in the same village or city as theretofore. No alteration of the

route of any railroad after its construction shall be made, or new line

or route of road laid out or established, as provided in this section,

in any city or village, unless approved by a vote of two-thirds of the

common council of the city or trustees of the village. Any railroad

corporation may, by a vote of its directors, change the grade of any

part of its road, except that in the city of Buffalo such change must

conform to the general plan heretofore adopted and filed by the grade

crossing commissioners of said city, or any modification thereof, within

the territory covered by said general plan, in such manner as it may

deem necessary to avoid accidents and facilitate the use of such road;

and it may by such vote alter the grade of its road, for such distance

and in such manner as it may deem necessary, on each or either side of

the place where the grade of its road has been changed by direction of

the commissioner of transportation, at any point where its road crosses

any canal or canal feeder, except that in the city of Buffalo such

change must conform to the general plan heretofore adopted and filed by

the grade crossing commissioners of said city, or any modification

thereof, within the territory covered by said general plan. The

commissioner of transportation shall have a general and supervisory

power over that part of any railroad which passes over, or approaches

within ten rods of any canal or canal feeder belonging to the state so

far as may be necessary to preserve the free and perfect use of such

canals or feeders, or to make any repairs, improvements or alterations

in the same. Any railroad corporation whose tracks cross any of the

canals of the state, and the grade of which may be raised by direction

of the commissioner of transportation, with the assent of such

commissioner, may lay out a new line of road to cross such canal at a

more favorable grade, and may extend such new line and connect the same

with any other line of road owned by such corporation upon making and

filing in the clerk's office of the proper county a survey, map and

certificate of such new or altered line. Notwithstanding the foregoing

provisions of this section or of any other provision of law, any

railroad corporation may by a vote of two-thirds of all its directors,

or by action of its receiver or trustee if in receivership,

reorganization or bankruptcy, taken with the permission of the court

having jurisdiction, abandon all or any portion of its line or lines, or

the operation thereof, provided, however, that the commissioner of

transportation has determined that such abandonment is in the public

interest.