183 - Construction of road in street where other road is built.
§ 183. Construction of road in street where other road is built. No street surface railroad corporation shall construct, extend or operate its road or tracks in that portion of any street, avenue, road or highway, in which a street surface railroad is or shall be lawfully constructed, except for necessary crossings, or, in cities, villages and towns of less than one million two hundred and fifty thousand inhabitants over any bridges, without first obtaining the consent of the corporation owning and maintaining the same, except that any street surface railroad company may use the tracks of another street surface railroad company for a distance not exceeding one thousand feet, and if in a city having a population of less than thirty-five thousand inhabitants, for a distance not exceeding fifteen hundred feet, and in cities, villages and towns of less than one million two hundred and fifty thousand inhabitants, shall have the right to lay its tracks upon, and run over and use any bridges used wholly or in part as a footbridge, whenever the court upon an application shall be satisfied that such use is actually necessary to connect main portions of a line to be constructed or operated as an independent railroad, or to connect said railroad with a ferry, or with another existing railroad, and that the public convenience requires the same, in which event the right to use shall only be given for a compensation to an extent and in a manner to be ascertained and determined by the supreme court pursuant to the provisions of the eminent domain procedure law, or by the commissioner of transportation in cases where the corporations interested shall unite in a request for such commissioner of transportation to act. The supreme court in determining the compensation to be paid for the use by one corporation of the tracks of another shall consider and allow for the use of the tracks for all injury and damage to the corporation whose tracks may be so used. Any street surface railroad corporation may, in pursuance of a unanimous vote of the stockholders voting at a special meeting called for that purpose by notice in writing, signed by a majority of the directors of such corporation, stating the time, place and object of the meeting, and served upon each stockholder appearing as such upon the books of the corporation, personally or by mail, at his last known post office address, at least sixty days prior to such meeting, guarantee the bonds of any other street surface railroad corporation whose road is fully or partly in the same city or town or adjacent cities or towns. Notwithstanding any of the provisions contained in this section, any street surface railroad corporation having a franchise to construct, maintain and operate in any city by underground electric power over any one street or avenue for a distance of more than three miles thereon, and operating under such franchise by underground electric power on such street or avenue over tracks which extend more than four thousand feet on each end of the tracks of another street surface railroad corporation located on such street or avenue and operated by underground electric power, may use the tracks of such other street surface railroad corporation located on such street or avenue for a distance not exceeding two thousand five hundred feet, and shall pay therefor such compensation as may be agreed upon between such street railroad corporations, or if such street railroad corporations can not so agree, such compensation shall be ascertained and determined by the supreme court pursuant to the provisions of the eminent domain procedure law.