N.Y. Rapid Transit Law § 23: Interference with tracks and sub-surface structures

§ 23. Interference with tracks and sub-surface structures. a.

Wherever or whenever the route selected by the board of transportation

or one of its predecessors for the construction of such railroad shall

intersect, cross or coincide with any railroad track occupying the

surface of any street, or the construction or operation of such railroad

shall interfere with any sub-surface structures, any person constructing

any railroad or part of a railroad under any contract made with the

board of transportation or one of its predecessors, is hereby

authorized, for the purpose of constructing such work, to remove the

track of any such railroad, or any of such sub-surface structures. Such

removal shall be done in such manner as to interfere as little as

possible with the practical operation or workings of such railroad, or

the works or business of the owners of any of such sub-surface

structures. Upon the construction of such railroad built under and in

conformity with the provisions of this chapter, where such removals or

changes have been made, such track or sub-surface structures shall be

restored as nearly as may be to the condition in which they were

previous to the construction of any such railroad built under the

provisions of this chapter. Any damages which such owner may sustain

shall be ascertained by a commissioner to be appointed in the manner

provided by the condemnation law.

b. For the purpose of the construction or operation of any railroad

under the provisions of this chapter, the board of transportation may

remove or cause to be removed, any sub-surface structures underneath any

street. Such structures shall be replaced as soon as practicable, either

in the same position as before or in a secure and convenient position

underneath such street or underneath such other street, as may be

approved by the head of the agency of the city having jurisdiction

thereof. This section shall not authorize the permanent removal from any

street of any subways or conduits for the reception of electrical

conductors which shall have been placed in such street prior to the

construction of the railroad, without the consent of the owner and

lessee of such subway or conduit.

c. All such removals and restorations shall be made at the proper cost

and charge of such person as may have made such removals, but subject to

the provisions of his contract, if any, with the board of transportation

or one of its predecessors. For the purpose of facilitating

construction, and to diminish the period of occupancy of any street for

the transportation of material, any contractor acting under a contract

made in pursuance of this chapter, with the approval of the board of

transportation, may lay upon or over the surface of any street,

temporary tramways, to be used only for the removal of excavated

materials or the transportation of materials for use in such

construction. Any such tramway shall be removed forthwith upon the

direction of the board of transportation. This section shall not

authorize the construction or operation of any street railroad or grant

to any person the right to lay down railroad tracks.