N.Y. Railroad Law § 8: Additional powers conferred

§ 8. Additional powers conferred. Subject to the limitations and

requirements of this chapter and of the public service law every

railroad corporation, without limitation of the powers given by the

business corporation law, shall have power:

1. Entry upon lands for purposes of survey. To cause the necessary

examination and survey for its proposed railroad to be made for the

selection of the most advantageous route; and for such purpose, by its

officers, agents or servants, to enter upon any lands or waters subject

to liability to the owner for all damages done.

2. Construction of road. To lay out its road not exceeding six rods in

width, and to construct and the same; and, for the purpose of cuttings

and embankments, to take such additional lands as may be necessary for

the proper construction and security of the road; and to cut down any

standing trees that may be in danger of falling on the road, upon making

compensation therefor. No railroad corporation, whose proposed

railroad, or any addition thereto, or branch or extension thereof, shall

include as a part of said proposed railroad, addition, branch or

extension, a bridge across the Hudson river, or any approaches thereto,

at any place or point between the federal dam at the city of Troy, and

the most southerly point therefrom where both opposite banks are wholly

within the state of New York, shall construct or commence or continue

the construction of any part of its said proposed railroad, addition,

branch or extension, or construct or use any connection between its

existing or proposed railroad or any addition thereto, or branch or

extension thereof, and any such bridge which may hereafter be

constructed, unless and until the plans for such bridge shall have been

submitted to and approved by the commissioner of transportation. The

commissioner of transportation shall not approve any plan for any such

bridge which shall provide for more than a single span across the Hudson

river between the present dyke lines or for any pier or abutment between

the present dyke lines of the river, or for a clearance of less than one

hundred thirty-five feet between the lowest part or member of the bridge

superstructure and the mean level of the river. Full and complete plans

and specifications for such bridge and its approaches shall be submitted

to the commissioner of transportation by the railroad corporation

proposing to erect the bridge and action by such officer shall be taken

thereon, or on a new or amended plan, within ninety days after the

submission thereof and before approving or disapproving said plan said

state official shall give a public hearing thereon, which hearing shall

be held in the city of Albany and notice of such hearing, stating the

time, place and briefly describing the purpose thereof, shall be given

by publishing the same once at least ten days prior to the date fixed

for the hearing, in two daily newspapers published in the city of

Albany. If such plans, or new or amended plans be rejected such officer

shall specify the reasons for the rejection in writing and shall within

ten days mail a copy to the person, firm or corporation having submitted

the same. Any railroad corporation which shall commence or continue the

construction of any such railroad, addition, branch or extension or

connection, except in accordance herewith, shall be restrained and

enjoined from proceeding with the work of such construction in an action

to be brought for that purpose by the attorney-general, and in addition

thereto, shall forfeit its charter. It is hereby made the duty of the

attorney-general to institute and prosecute such action whenever it

shall appear to his satisfaction that the grounds therefor exist.

3. Intersection of streams, highways, plank-roads, turnpikes and

canals. To construct its road across, along or upon any stream,

water-course, highway, plank-road, turnpike, or across any of the canals

of the state, which the route of its road shall intersect or touch.

4. Intersection of other railroads. To cross, intersect, join, or

unite its railroad with any other railroad before constructed, at any

point on its route and upon the ground of such other railroad

corporation, with the necessary turnouts, sidings, switches, and other

conveniences in furtherance of the objects of its connections.

5. Buildings and stations. To erect and maintain all necessary and

convenient buildings, stations, fixtures and machinery for the

accommodation and use of its passengers, freight and business.

6. Transportation of persons and property. To take and convey persons

and property on its railroad by the power or force of steam or of

animals, or by any mechanical power, except where such power is

specially prescribed in this chapter, and to receive compensation

therefor.

7. Time and manner of transportation. To regulate the time and manner

in which passengers and property shall be transported, and the

compensation to be paid therefor.

8. In addition to the power conferred by subparagraph (a) (6) of

section two hundred two of the business corporation law, to purchase,

take, receive, subscribe for, or otherwise acquire, own, hold, vote,

employ, sell, lend, lease, exchange, transfer, or otherwise dispose of,

mortgage, pledge, use and otherwise deal in and with, bonds and other

obligations, shares, or other securities or interests issued by others,

whether engaged in similar or different business, governmental, or other

activities, if authorized in its certificate of incorporation.