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New York Railroad Law Section 24 - Change Of Route, Grade Or Terminus; Abandonment Of Line Or Portion Thereof.

Legal Research Home > New York Lawyer > Railroad > New York Railroad Law Section 24 - Change Of Route, Grade Or Terminus; Abandonment Of Line Or Portion Thereof.

    § 24.  Change  of  route,  grade  or terminus; abandonment of line or
  portion thereof. Every railroad corporation,  except  elevated  railroad
  corporations,  may,  by a vote of two-thirds of all its directors, alter
  or change the route or any part of the route of its road or its termini,
  or locate such route, or any part thereof, or its termini, in  a  county
  adjoining  any  county  named in its certificate of incorporation, if it
  shall appear to them that the line can be improved thereby, upon  making
  and  filing in the clerk's office of the proper county a survey, map and
  certificate of such alteration or change. If the same is made after  the
  corporation has commenced grading the original route, compensation shall
  be  made  to  all  persons  for injury done by such grading to any lands
  donated to the corporation. But neither terminus can be  changed,  under
  this  section,  to  any other county than one adjoining that in which it
  was previously located; nor can the route or terminus of any railroad be
  so changed in any town,  county  or  municipal  corporation,  which  has
  issued  bonds and taken any stock or bonds in aid of the construction of
  such railroad, without the written consent of a  majority  of  taxpayers
  appearing  upon  the  last  assessment-roll  of  such  town,  county  or
  municipal corporation, unless such  terminus,  after  the  change,  will
  remain  in the same village or city as theretofore. No alteration of the
  route of any railroad after its construction shall be made, or new  line
  or  route  of road laid out or established, as provided in this section,
  in any city or village, unless approved by a vote of two-thirds  of  the
  common  council  of  the  city  or trustees of the village. Any railroad
  corporation may, by a vote of its directors, change  the  grade  of  any
  part  of  its  road, except that in the city of Buffalo such change must
  conform to the general plan heretofore adopted and filed  by  the  grade
  crossing commissioners of said city, or any modification thereof, within
  the  territory  covered  by  said general plan, in such manner as it may
  deem necessary to avoid accidents and facilitate the use of  such  road;
  and  it  may by such vote alter the grade of its road, for such distance
  and in such manner as it may deem necessary, on each or either  side  of
  the  place  where the grade of its road has been changed by direction of
  the commissioner of transportation, at any point where its road  crosses
  any  canal  or  canal  feeder,  except  that in the city of Buffalo such
  change must conform to the general plan heretofore adopted and filed  by
  the  grade  crossing  commissioners  of  said  city, or any modification
  thereof,  within  the  territory  covered  by  said  general  plan.  The
  commissioner  of  transportation  shall  have  a general and supervisory
  power over that part of any railroad which passes  over,  or  approaches
  within  ten  rods of any canal or canal feeder belonging to the state so
  far as may be necessary to preserve the free and  perfect  use  of  such
  canals  or  feeders, or to make any repairs, improvements or alterations
  in the same. Any railroad corporation whose  tracks  cross  any  of  the
  canals  of  the state, and the grade of which may be raised by direction
  of  the  commissioner  of  transportation,  with  the  assent  of   such
  commissioner,  may  lay  out a new line of road to cross such canal at a
  more favorable grade, and may extend such new line and connect the  same
  with  any  other  line of road owned by such corporation upon making and
  filing in the clerk's office of the proper  county  a  survey,  map  and
  certificate  of  such new or altered line. Notwithstanding the foregoing
  provisions of this section  or  of  any  other  provision  of  law,  any
  railroad  corporation  may by a vote of two-thirds of all its directors,
  or  by  action  of  its  receiver  or  trustee   if   in   receivership,
  reorganization  or  bankruptcy,  taken  with the permission of the court
  having jurisdiction, abandon all or any portion of its line or lines, or
  the operation thereof,  provided,  however,  that  the  commissioner  of
  transportation  has  determined  that  such abandonment is in the public
  interest.

Last modified: August 27, 2006