N.Y. Transportation Law § 97: Switch and side-track connections; powers of commissioner

§ 97. Switch and side-track connections; powers of commissioner. 1. A

railroad company upon the application of any shipper tendering traffic

for transportation, shall construct, maintain and operate upon

reasonable terms a switch connection or connections with a lateral line

of railroad or private side-track owned, operated or controlled by such

shipper, and shall, upon the application of any shipper, provide upon

its own property a side-track and switch connection with its line of

railroad, whenever such side-track and switch connection is reasonably

practicable, can be put in with safety and the business therefor is

sufficient to justify the same.

2. If any railroad company shall fail to install or operate any such

switch connection with a lateral line of railroad or any such side-track

and switch connection as aforesaid, after written application therefor

has been made to it, any corporation or person interested may present

the facts to the commissioner by written petition, and the commissioner

shall investigate the matter stated in such petition, and give such

hearing thereon as he may deem necessary or proper. If the commissioner

finds that it is safe and practicable to have a connection,

substantially as prayed for, established or maintained, and that the

business to be done thereon justifies the construction and maintenance

thereof, he shall make an order directing the construction and

establishment thereof, specifying the reasonable compensation to be paid

for the construction, establishment and maintenance thereof, and may in

like manner upon the application of the railroad company order the

discontinuance of such switch connection.

3. The commissioner shall have power, where in his judgment it is

reasonably necessary, to make delivery to, or complete delivery by a

railroad company to require such railroad company to operate upon the

property of another a switch or side-track, and construct and maintain a

proper connection thereto, with its line of railroad. Whenever the

shipper and the carrier shall be unable to agree as to the terms of

agreements respecting such switches or side-tracks, whether on the

property of the railroad company or of another, and such connections,

made between a railroad company and the owner or occupant of any

premises served or to be served by such switch, or side-track, or

connection, the same shall be subject to the approval of the

commissioner.