2006 New York Code - Railroads Operating Over Canals.

 
    §  101.  Railroads operating over canals. The corporation shall have a
  general supervisory power over so much of any railroad  as  passes  over
  any canal or feeder belonging to the state or approaches within ten rods
  thereof, so far as may be necessary to preserve the free and perfect use
  of  such  canals  or feeders, or for making any repairs, improvements or
  alterations thereupon.  No  railroad  corporation  shall  construct  its
  railroad  over  or  at  any place within ten rods of any canal or feeder
  belonging to the state, unless it submits to the corporation a map, plan
  and profile of such canal or feeder and of the route designated for  its
  railroad,  exhibiting  distinctly and accurately the relation of each to
  the other at all the places within the limits of ten rods  thereof,  and
  obtains  the  written permission of the corporation for the construction
  of such railroad, with such conditions, directions and  instructions  as
  in its judgment the free and perfect use of any such canal or feeder may
  require.
    Whenever  any  street  railroad shall cross over any bridge spanning a
  canal, or canal feeder, the company owning,  maintaining  and  operating
  the  same, shall be deemed liable for and shall pay all damages that may
  occur or arise, either to the state or to  persons,  by  reason  of  its
  laying and maintaining its tracks or rail over, upon and across any such
  bridge, or by reason of the operation of its cars over the same; and any
  such  company shall, upon demand of the corporation, make any repairs to
  such structure to insure the continued safety  thereof,  as  shall  have
  been  rendered necessary by reason of such use of said structure by said
  company. Any company maintaining or operating a  street  railroad  over,
  upon  and across any such bridge shall indemnify the state including the
  corporation against any and all loss, damages or claims for damages  for
  injuries to persons or property of passengers which shall be incurred by
  or  made  against such state by reason of the operation of such railroad
  over any such bridge, and the or corporation  may,  in  its  discretion,
  require  any  company  so  maintaining or operating a street railroad to
  furnish a bond, with sureties to be approved  by  it  to  indemnify  the
  state including the corporation from all such loss, damage or claim. All
  such permits heretofore or hereafter granted shall be revocable whenever
  the  free and perfect use of any such canal or feeder may so require, or
  if such railroad company shall  fail  to  make  any  such  repairs  when
  required by the corporation. The railroad company using or occupying any
  bridge  over  the same shall, within a reasonable time after the service
  upon it, by the corporation of a written notice of such  revocation,  or
  to  make  such repairs, remove at its own cost and expense, its railroad
  from such bridge and from the limits  of  ten  rods  of  said  canal  or
  feeder.