New York · statute · N.Y. Railroad Law · 210 active provisions
CHAPTER 481 AN ACT in relation to railroads, constituting chapter forty-nine of the consolidated laws. Became a law June 14, 1910, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: CHAPTER 49 OF THE CONSOL…
ARTICLE 1 SHORT TITLE Section 1. Short title. 2. Definitions.
§ 1. Short title. This chapter shall be known as the "Railroad Law."
§ 2. Definitions. As used in this chapter, unless the context otherwise requires: (1) "Commissioner of transportation", "Commissioner" or "commission" means the state commissioner of transportation. (2) "Certificate of incorporation" and "bonds" have the meaning set forth in section one hundred two of the business corp…
ARTICLE 2 ORGANIZATION, GENERAL POWERS AND LOCATION Section 5. Incorporation. 6. Applicability of business corporation law to railroad corporations. 8. Additional powers conferred. 9. Certificate of convenience and necessity. 16. Location of route. 17. Acquisition of title to real property; additions, betterments and f…
§ 5. Incorporation. A railroad corporation may be formed under this chapter for the purpose of owning or operating a railroad for public use, in accordance with the procedure for the formation of corporations set forth in article four of the business corporation law, by delivering to the department of state for filing…
§ 6. Applicability of business corporation law to railroad corporations. (a) The business corporation law applies to a corporation heretofore or hereafter formed under this chapter, or under any other statute or special act of this state, or under laws other than the statutes of this state, which has as its purpose or…
§ 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…
§ 9. Certificate of convenience and necessity. No railroad corporation formed after May eighteenth, eighteen hundred and ninety-two, under the laws of this state shall exercise the powers conferred by law upon such corporations or begin the construction of its road until the directors shall cause a copy of the original…
§ 16. Location of route. Every railroad corporation, except a street surface railroad corporation and an elevated railroad corporation, before constructing any part of its road in any county of this state, or instituting any proceedings for the condemnation of real property therein, shall make a map and profile of the…
§ 17. Acquisition of title to real property; additions, betterments and facilities. All real property required by any railroad corporation for the construction, maintenance and accommodation of its railroad shall be deemed to be required for a public use, and may be acquired by such corporation. If the corporation is u…
§ 18. Railroads through public lands. The commissioner of general services may grant to any domestic or foreign railroad corporation land belonging to the people of the state, except the reservation at Niagara and the Concourse lands on Coney Island, which may be required for the purposes of its road on such terms as m…
§ 19. Railroads through Indian lands. Any railroad corporation may contract with the chiefs of any nation of Indians, over whose lands it may be necessary to construct its railroad, for the right to make such road upon such lands, but such contract shall not vest in the corporation the fee to the land, nor the right to…
§ 20. Railroads through Chautauqua assembly grounds. No railroad corporation shall build, construct or operate any railroad in, upon, over or through the grounds, lands or premises owned by the Chautauqua assembly corporation in the town and county of Chautauqua, without the written consent of a majority of the board o…
§ 21. Railroads along highways. No railroad corporation shall erect any bridge or other obstruction across, in or over any stream or lake, navigated by steam or sail boats at the place where it may be proposed to be erected, except as hereinafter provided, nor shall it construct its road in, upon or across any street o…
§ 22. Proceedings to determine point at which a new railroad shall intersect one already established; compensation; duties of intersecting roads. Every railroad corporation, whose road is or shall be intersected by any new railroad, shall unite with the corporation owning such new railroad in forming the necessary inte…
§ 23. Highway exempted. No railroad shall be constructed, maintained or operated and no railroad tracks shall be laid upon the state road known as the Buffalo and White's Corners plank-road in the county of Erie, where none now exists, excepting such as may be necessarily laid for the purpose only of crossing said high…
§ 24. Change of route, grade or terminus; abandonment of line or portion thereof. Every railroad corporation, except elevated railroad corporations, may, by a vote of two-thirds of all its directors, alter or change the route or any part of the route of its road or its termini, or locate such route, or any part thereof…
§ 28. Tunnel railroads. When, according to the route and plan for the building of its road, adopted by any railroad corporation, including corporations organized under chapter one hundred and forty of the laws of eighteen hundred and fifty, and the acts amendatory thereof, and supplementary thereto, it shall be necessa…
§ 32. Individual, joint-stock association, or other corporation may lay down and maintain railroad tracks in certain cases. Any individual, joint-stock association or corporation, engaged in any lawful business in this state, may, except in any city of the state, lay down and maintain such railroad tracks on or across…
§ 34. Substituted lines in certain cases. Where a portion of a steam surface railroad or branch thereof, shall be specifically authorized by statute to be taken for any other public use, and such portion lies wholly outside of any city, any corporation owning or operating such portion may locate, as provided in section…
ARTICLE 3 CONSTRUCTION, OPERATION AND MANAGEMENT Section 50. Liability of corporation to employees of contractor. 51. Weight of rail. 51-a. Clearances. 52. Fences, farm crossings and cattle-guards. 52-a. Fences along road operated by electric third rail. 52-b. Fences along right of way. 52-c. Fences in Queens county. 5…
§ 50. Liability of corporation to employees of contractor. An action may be maintained against any railroad corporation by any laborer for the amount due him from any contractor for the construction of any part of its road, for ninety or any less number of days' labor performed by him in constructing such road, if with…
§ 51. Weight of rail. The rail used in the construction or the relaying of the track of every railroad hereafter built or relaid in whole or in part shall be of iron or steel, weighing not less than twenty-five pounds to the lineal yard on narrow-gauge roads, and on all other roads not less than fifty-six pounds to the…
§ 51-a. Clearances. Clearance distance between adjacent tracks and between tracks and adjacent structures or obstructions and between the top of the rail and any overhead wire, bridge, viaduct or obstruction. All tracks hereafter constructed or reconstructed by every railroad in this state shall be laid and maintained…