N.Y. Railroad Law § 32: Individual, joint-stock association, or other corporation may lay down and maintain railroad tracks in certain cases

§ 32. Individual, joint-stock association, or other corporation may

lay down and maintain railroad tracks in certain cases. Any individual,

joint-stock association or corporation, engaged in any lawful business

in this state, may, except in any city of the state, lay down and

maintain such railroad tracks on or across any street or highway, not

exceeding three miles in length, as shall be necessary for the

transaction of its business, and to connect any place of business owned

by them with the track of any railroad corporation, and render such

place of business more accessible to the public, upon obtaining the

written consent of the owners of all the lands bounded on and of the

local authorities having control of that portion of the street or

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

railroad. If the consent of such property owners can not be obtained,

the appellate division of the supreme court of the department in which

such railroad is to be constructed, may upon application appoint three

commissioners, who shall determine, after a hearing of all parties

interested, whether such railroad ought to be constructed or operated,

and the amount of damages, if any, to be paid to such property owners,

and their determination confirmed by the court may be taken in lieu of

the consent of the property owners. But no such railroad shall be so

located, graded, built or operated as to interfere with or obstruct the

traveled part of any highway, or its use as a highway, or the use of any

street or highway intersecting the same.