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New York Railroad Law Section 17 - Acquisition Of Title To Real Property; Additions, Betterments And Facilities.

Legal Research Home > New York Lawyer > Railroad > New York Railroad Law Section 17 - Acquisition Of Title To Real Property; Additions, Betterments And Facilities.

    § 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  unable  to agree for the
  purchase of any such  real  property,  or  of  any  right,  interest  or
  easement therein, required for any such purpose, or if the owner thereof
  shall  be incapable of selling the same, or if after diligent search and
  inquiry the name and residence of any such owner cannot be  ascertained,
  it  shall have the right to acquire title thereto by condemnation. Every
  railroad corporation shall have the power from time to time to make  and
  use  upon or in connection with any railroad either owned or operated by
  it, such additions, betterments and facilities as may  be  necessary  or
  convenient  for  the  better management, maintenance or operation of any
  such railroad, and shall have the right by purchase or by  condemnation,
  to  acquire  any real property required therefor, and it shall also have
  the right of condemnation in the following additional cases:
    1. Where title to real property has been acquired, or attempted to  be
  acquired, and has been found to be invalid or defective.
    2.  Where  its  railroad  shall be lawfully in possession of a lessee,
  mortgagee, trustee or receiver, and additional real  property  shall  be
  required for the purpose of running or operating such railroad.
    3. Where it shall require for any railroad owned or operated by it any
  further  rights  to lands or the use of lands for additional main tracks
  or for branches, sidings, switches, or turn-outs or for  connections  or
  for cut-offs or for shortening or straightening or improving the line or
  grade  of  its road or any part thereof. Also where it shall require any
  further rights to lands or the use of lands for filling  any  structures
  of  its  road,  or  for  constructing, widening or completing any of its
  embankments or roadbeds, by means of which greater safety or  permanency
  may  be  secured, and such land shall be contiguous to such railroad and
  reasonably accessible.
    4. Where it shall require any further right to lands or to the use  of
  lands  for  the  flow  of  water  occasioned  by railroad embankments or
  structures now in use, or hereafter rendered necessary, or for any other
  purpose necessary for the operation of such railroad, or for  any  right
  to  take  and convey water from any spring, pond, creek or river to such
  railroad, for the uses and purposes thereof, together with the right  to
  build or lay aqueducts or pipes for the purpose of conveying such water,
  and  to  take  up,  relay  and  repair the same, or for any right of way
  required for carrying away or diverting any water, stream or floods from
  such railroad for the purpose of protecting its road or for the  purpose
  of  preventing  any embankment, excavation or structure of such railroad
  from injuring the property of any person who may be rendered  liable  to
  injury thereby.
    Waters  commonly  used  for  domestic,  agricultural  or manufacturing
  purposes, shall not be taken by condemnation to such  an  extent  as  to
  injuriously  interfere  with such use in future. No railroad corporation
  shall have the right to acquire by condemnation any right or easement in
  or to any  real  property  owned  or  occupied  by  any  other  railroad
  corporation, except the right to intersect or cross the tracks and lands
  owned  or  held  for  right  of  way  by such other corporation, without
  appropriating or affecting  any  lands  owned  or  held  for  depots  or
  gravel-beds.
    Whenever  any  real property is required by any steam surface railroad
  corporation, the lines of which within this state  are  situated  wholly
  within  a  city  of  over  one  million  inhabitants,  for  the purposes
  mentioned in this section, it shall be  a  condition  precedent  to  the
  bringing,  or,  if heretofore brought, to the continuing of condemnation
  proceedings by any railroad corporation to acquire  said  real  property
  that  it  procure  the  consent of the commissioner to acquire such real
  property,  and  unless  such  consent  is  given  and  procured the said
  property shall not be condemned.  The last preceding  requirement  shall
  apply  to  all  proceedings  pending  at  the  time this amendment takes
  effect.

Last modified: August 27, 2006