2013 New York Consolidated Laws
RRD - Railroad
Article 5 - (170 - 210) STREET SURFACE RAILROADS
191 - Road not to be constructed upon ground occupied by public buildings or in public parks.

 
    §  191.  Road  not  to  be  constructed upon ground occupied by public
  buildings or in public parks.   No  street  surface  railroad  shall  be
  constructed  or  extended upon ground occupied by buildings belonging to
  any town, city, county or to the state, or to the United States,  or  in
  public  parks, except in tunnels to be approved by the local authorities
  having control of such parks. Provided, however, that the  commissioners
  of  the  state  reservation  at  Niagara, by and with the consent of the
  commissioners of the land office, may construct, without expense to  the
  state,  street railroad tracks upon and along that part of the riverway,
  so called, between Falls and Niagara streets, in  the  city  of  Niagara
  Falls,  and  in  their discretion may grant revocable licenses to street
  surface railroad companies to use such tracks upon such  terms  as  said
  commissioners  may  prescribe.  And  provided,  further,  that  a street
  railroad may be constructed or extended upon a route or  routes  with  a
  right of way not exceeding fifty feet in width in the Pelham Bay park in
  the city of New York, said route or routes to be designated and fixed by
  the  board of estimate and apportionment of said city, with the approval
  of the park board of said city, and shall constitute  the  most  direct,
  appropriate route or routes in the opinion of said board of estimate and
  apportionment  and  said park board, but no such street surface railroad
  shall be constructed or extended until a  franchise  or  right  therefor
  shall  have  been  granted  by said board of estimate and apportionment,
  pursuant to the statutes relating to the granting of such franchises  or
  rights,  and requiring adequate compensation therefor, and no company or
  corporation shall be given the  exclusive  right  to  operate  a  street
  surface  railroad  upon such route or routes, and no such street surface
  railroad shall be constructed at grade upon, along or across any of  the
  existing  or  proposed  streets,  highways,  driveways, parkways or park
  walks within the limits of said park.