N.Y. Transportation Corporations Law § 86: Consent of local authorities

§ 86. Consent of local authorities. No pipe lines shall be constructed

across or along any public highway without the consent of the public

officer or body having supervision thereof, upon such terms as may be

agreed upon with him or it, and also in the case of any public highway

in any city or village except as provided in section eighty-seven of

this chapter, provided that if the highway be one under the sole

supervision of a city or village or some official thereof then the

authorization of the municipal authorities as required by section

eighty-seven shall be sufficient without any other consent made

necessary by this section. If such consent, except one required under

section eighty-seven, or the consent of the municipal authorities

required by the preceding section cannot be obtained, application may be

made to the supreme court in the judicial district in which such highway

or bridge is situated for an order permitting the corporation to

construct its line across or along such highway, or upon such bridge.

The application shall be by duly verified petition and notice which

shall be served upon the public officer or body having supervision of

the highway, or the municipal authorities of the village or city where

such bridge is located in a case of consent required by the preceding

section, and the court upon the hearing of the application may grant an

order permitting the line to be constructed in such manner and upon such

terms as it may direct.