N.Y. Transportation Corporations Law § 27: Construction of lines

§ 27. Construction of lines. Any such corporation may erect, construct

and maintain the necessary fixtures for its lines upon, over or under

any of the public roads, streets and highways; and through, across or

under any of the waters within the limits of this state, and may erect,

construct and maintain its necessary stations, plants, equipment or

lines upon, through or over any other land, subject to the right of the

owners thereof to full compensation for the same. If any such

corporation can not agree with such owner or owners upon the

compensation to be paid therefor, such compensation shall be ascertained

in the manner provided in the eminent domain procedure law. Any such

corporation is authorized, from time to time, to construct and lay lines

of electrical conductors under ground in any city, village or town

within the limits of this state, subject to all the provisions of law in

reference to such companies not inconsistent with this section; provided

that such corporation shall, before laying any such line in any city,

village or town of this state, first obtain from the common council of

cities, or other body having like jurisdiction therein, the trustees of

villages, or the town superintendents of towns, permission to use the

streets within such city, village or town for the purposes herein set

forth. Nothing in this section shall limit, alter, or affect the

provisions or powers relating or granted to telegraph corporations

heretofore created by special act of the legislature of this state,

except in so far as to confer on any such corporation the right to lay

electrical conductors under ground.