2013 New York Consolidated Laws
RRD - Railroad
Article 6 - (220 - 244) RAPID TRANSIT ACT OF 1875
223 - Determination of necessity of railroad and route.

 
    §   223.  Determination  of  necessity  of  railroad  and  route.  The
  commissioners  shall,  within  thirty  days  after  such   organization,
  determine upon the necessity of such steam railroad, and if they find it
  to  be necessary, they shall, within sixty days after such organization,
  fix and determine the route therefor, and shall have the exclusive power
  to locate such route,  over,  under,  through  or  across  the  streets,
  avenues,  places or lands in such county or city, and to provide for the
  connection or junction with any other railroad or bridge, if the consent
  of the owners of one-half in value of the property bounded  on  and  the
  consent  of  the  local  authorities having control of that portion of a
  street or highway upon which it is proposed to construct or operate such
  railroad have been first obtained.  If  the  consent  of  such  property
  owners  can  not  be  obtained, the determination of three commissioners
  appointed by  the  appellate  division  of  the  supreme  court  of  the
  department  where  the  railroad  is  to  be constructed, made after due
  hearing of all parties interested, and confirmed by the court, that such
  railroad ought to be constructed and operated, may be taken in  lieu  of
  the  consent  of such property owners. No such railroad shall be located
  in or upon such portion of any street, avenue, place or  lands  in  such
  county  as are now occupied by an elevated or underground railroad or in
  which such a railroad has already  been  authorized  by  law  to  be  so
  located  and  constructed,  or  which  are contained in public parks, or
  occupied by buildings belonging to the county or the state or the United
  States, or in or upon the following streets, avenues and public  places,
  viz.:   Broadway, Fifth avenue, Fourth avenue above Forty-second street,
  in the borough of Manhattan, city of New York; Debevoise  place,  Irving
  place,  Lefferts  place,  those  portions of Grand, Classon and Franklin
  avenues and Downing street lying between the southerly line of Lexington
  avenue and the northerly  line  of  Atlantic  avenue,  that  portion  of
  Classon  avenue lying between the northerly line of Lexington avenue and
  the southerly line of Park avenue, and that portion of Washington avenue
  lying between Park and Atlantic avenues in the borough of Brooklyn;  and
  that  portion  of  the  city  of Buffalo lying between Michigan and Main
  streets; but such railroad may be located and  constructed  across  such
  excepted  streets,  avenues  and  places only at their intersection with
  other streets, avenues and places.