State Codes and Statutes

Statutes > New-york > Rrd > Article-2 > 8

§  8.  Additional  powers  conferred.  Subject  to the limitations and  requirements of this  chapter  and  of  the  public  service  law  every  railroad  corporation,  without  limitation  of  the powers given by the  business corporation law, shall have power:    1. Entry upon lands for purposes of survey.  To  cause  the  necessary  examination  and  survey  for  its  proposed railroad to be made for the  selection of the most advantageous route; and for such purpose,  by  its  officers,  agents or servants, to enter upon any lands or waters subject  to liability to the owner for all damages done.    2. Construction of road. To lay out its road not exceeding six rods in  width, and to construct and the same; and, for the purpose  of  cuttings  and  embankments,  to take such additional lands as may be necessary for  the proper construction and security of the road; and to  cut  down  any  standing trees that may be in danger of falling on the road, upon making  compensation   therefor.     No  railroad  corporation,  whose  proposed  railroad, or any addition thereto, or branch or extension thereof, shall  include as a  part  of  said  proposed  railroad,  addition,  branch  or  extension,  a bridge across the Hudson river, or any approaches thereto,  at any place or point between the federal dam at the city of  Troy,  and  the  most southerly point therefrom where both opposite banks are wholly  within the state of New York, shall construct or  commence  or  continue  the  construction  of  any part of its said proposed railroad, addition,  branch or extension, or construct or  use  any  connection  between  its  existing  or  proposed  railroad  or  any addition thereto, or branch or  extension  thereof,  and  any  such  bridge  which  may   hereafter   be  constructed,  unless and until the plans for such bridge shall have been  submitted to and approved by the  commissioner  of  transportation.  The  commissioner  of  transportation shall not approve any plan for any such  bridge which shall provide for more than a single span across the Hudson  river between the present dyke lines or for any pier or abutment between  the present dyke lines of the river, or for a clearance of less than one  hundred thirty-five feet between the lowest part or member of the bridge  superstructure and the mean level of the river. Full and complete  plans  and specifications for such bridge and its approaches shall be submitted  to  the  commissioner  of  transportation  by  the  railroad corporation  proposing to erect the bridge and action by such officer shall be  taken  thereon,  or  on  a  new  or  amended plan, within ninety days after the  submission thereof and before approving or disapproving said  plan  said  state  official shall give a public hearing thereon, which hearing shall  be held in the city of Albany and notice of such  hearing,  stating  the  time,  place  and briefly describing the purpose thereof, shall be given  by publishing the same once at least ten days prior to  the  date  fixed  for  the  hearing,  in  two  daily  newspapers  published in the city of  Albany. If such plans, or new or amended plans be rejected such  officer  shall  specify the reasons for the rejection in writing and shall within  ten days mail a copy to the person, firm or corporation having submitted  the same. Any railroad corporation which shall commence or continue  the  construction  of  any  such  railroad,  addition, branch or extension or  connection, except in  accordance  herewith,  shall  be  restrained  and  enjoined from proceeding with the work of such construction in an action  to  be brought for that purpose by the attorney-general, and in addition  thereto, shall forfeit its charter. It is hereby made the  duty  of  the  attorney-general  to  institute  and  prosecute  such action whenever it  shall appear to his satisfaction that the grounds therefor exist.    3. Intersection  of  streams,  highways,  plank-roads,  turnpikes  and  canals.  To  construct  its  road  across,  along  or  upon  any stream,  water-course, highway, plank-road, turnpike, or across any of the canals  of the state, which the route of its road shall intersect or touch.4. Intersection of other railroads.  To  cross,  intersect,  join,  or  unite  its  railroad  with any other railroad before constructed, at any  point  on  its  route  and  upon  the  ground  of  such  other  railroad  corporation,  with  the necessary turnouts, sidings, switches, and other  conveniences in furtherance of the objects of its connections.    5.  Buildings  and  stations.  To erect and maintain all necessary and  convenient  buildings,  stations,  fixtures  and   machinery   for   the  accommodation and use of its passengers, freight and business.    6.  Transportation of persons and property. To take and convey persons  and property on its railroad by the  power  or  force  of  steam  or  of  animals,  or  by  any  mechanical  power,  except  where  such  power is  specially prescribed  in  this  chapter,  and  to  receive  compensation  therefor.    7.  Time and manner of transportation. To regulate the time and manner  in  which  passengers  and  property  shall  be  transported,  and   the  compensation to be paid therefor.    8.  In  addition  to  the  power  conferred by subparagraph (a) (6) of  section two hundred two of the business corporation  law,  to  purchase,  take,  receive,  subscribe  for,  or otherwise acquire, own, hold, vote,  employ, sell, lend, lease, exchange, transfer, or otherwise dispose  of,  mortgage,  pledge,  use  and otherwise deal in and with, bonds and other  obligations, shares, or other securities or interests issued by  others,  whether engaged in similar or different business, governmental, or other  activities, if authorized in its certificate of incorporation.

State Codes and Statutes

Statutes > New-york > Rrd > Article-2 > 8

§  8.  Additional  powers  conferred.  Subject  to the limitations and  requirements of this  chapter  and  of  the  public  service  law  every  railroad  corporation,  without  limitation  of  the powers given by the  business corporation law, shall have power:    1. Entry upon lands for purposes of survey.  To  cause  the  necessary  examination  and  survey  for  its  proposed railroad to be made for the  selection of the most advantageous route; and for such purpose,  by  its  officers,  agents or servants, to enter upon any lands or waters subject  to liability to the owner for all damages done.    2. Construction of road. To lay out its road not exceeding six rods in  width, and to construct and the same; and, for the purpose  of  cuttings  and  embankments,  to take such additional lands as may be necessary for  the proper construction and security of the road; and to  cut  down  any  standing trees that may be in danger of falling on the road, upon making  compensation   therefor.     No  railroad  corporation,  whose  proposed  railroad, or any addition thereto, or branch or extension thereof, shall  include as a  part  of  said  proposed  railroad,  addition,  branch  or  extension,  a bridge across the Hudson river, or any approaches thereto,  at any place or point between the federal dam at the city of  Troy,  and  the  most southerly point therefrom where both opposite banks are wholly  within the state of New York, shall construct or  commence  or  continue  the  construction  of  any part of its said proposed railroad, addition,  branch or extension, or construct or  use  any  connection  between  its  existing  or  proposed  railroad  or  any addition thereto, or branch or  extension  thereof,  and  any  such  bridge  which  may   hereafter   be  constructed,  unless and until the plans for such bridge shall have been  submitted to and approved by the  commissioner  of  transportation.  The  commissioner  of  transportation shall not approve any plan for any such  bridge which shall provide for more than a single span across the Hudson  river between the present dyke lines or for any pier or abutment between  the present dyke lines of the river, or for a clearance of less than one  hundred thirty-five feet between the lowest part or member of the bridge  superstructure and the mean level of the river. Full and complete  plans  and specifications for such bridge and its approaches shall be submitted  to  the  commissioner  of  transportation  by  the  railroad corporation  proposing to erect the bridge and action by such officer shall be  taken  thereon,  or  on  a  new  or  amended plan, within ninety days after the  submission thereof and before approving or disapproving said  plan  said  state  official shall give a public hearing thereon, which hearing shall  be held in the city of Albany and notice of such  hearing,  stating  the  time,  place  and briefly describing the purpose thereof, shall be given  by publishing the same once at least ten days prior to  the  date  fixed  for  the  hearing,  in  two  daily  newspapers  published in the city of  Albany. If such plans, or new or amended plans be rejected such  officer  shall  specify the reasons for the rejection in writing and shall within  ten days mail a copy to the person, firm or corporation having submitted  the same. Any railroad corporation which shall commence or continue  the  construction  of  any  such  railroad,  addition, branch or extension or  connection, except in  accordance  herewith,  shall  be  restrained  and  enjoined from proceeding with the work of such construction in an action  to  be brought for that purpose by the attorney-general, and in addition  thereto, shall forfeit its charter. It is hereby made the  duty  of  the  attorney-general  to  institute  and  prosecute  such action whenever it  shall appear to his satisfaction that the grounds therefor exist.    3. Intersection  of  streams,  highways,  plank-roads,  turnpikes  and  canals.  To  construct  its  road  across,  along  or  upon  any stream,  water-course, highway, plank-road, turnpike, or across any of the canals  of the state, which the route of its road shall intersect or touch.4. Intersection of other railroads.  To  cross,  intersect,  join,  or  unite  its  railroad  with any other railroad before constructed, at any  point  on  its  route  and  upon  the  ground  of  such  other  railroad  corporation,  with  the necessary turnouts, sidings, switches, and other  conveniences in furtherance of the objects of its connections.    5.  Buildings  and  stations.  To erect and maintain all necessary and  convenient  buildings,  stations,  fixtures  and   machinery   for   the  accommodation and use of its passengers, freight and business.    6.  Transportation of persons and property. To take and convey persons  and property on its railroad by the  power  or  force  of  steam  or  of  animals,  or  by  any  mechanical  power,  except  where  such  power is  specially prescribed  in  this  chapter,  and  to  receive  compensation  therefor.    7.  Time and manner of transportation. To regulate the time and manner  in  which  passengers  and  property  shall  be  transported,  and   the  compensation to be paid therefor.    8.  In  addition  to  the  power  conferred by subparagraph (a) (6) of  section two hundred two of the business corporation  law,  to  purchase,  take,  receive,  subscribe  for,  or otherwise acquire, own, hold, vote,  employ, sell, lend, lease, exchange, transfer, or otherwise dispose  of,  mortgage,  pledge,  use  and otherwise deal in and with, bonds and other  obligations, shares, or other securities or interests issued by  others,  whether engaged in similar or different business, governmental, or other  activities, if authorized in its certificate of incorporation.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rrd > Article-2 > 8

§  8.  Additional  powers  conferred.  Subject  to the limitations and  requirements of this  chapter  and  of  the  public  service  law  every  railroad  corporation,  without  limitation  of  the powers given by the  business corporation law, shall have power:    1. Entry upon lands for purposes of survey.  To  cause  the  necessary  examination  and  survey  for  its  proposed railroad to be made for the  selection of the most advantageous route; and for such purpose,  by  its  officers,  agents or servants, to enter upon any lands or waters subject  to liability to the owner for all damages done.    2. Construction of road. To lay out its road not exceeding six rods in  width, and to construct and the same; and, for the purpose  of  cuttings  and  embankments,  to take such additional lands as may be necessary for  the proper construction and security of the road; and to  cut  down  any  standing trees that may be in danger of falling on the road, upon making  compensation   therefor.     No  railroad  corporation,  whose  proposed  railroad, or any addition thereto, or branch or extension thereof, shall  include as a  part  of  said  proposed  railroad,  addition,  branch  or  extension,  a bridge across the Hudson river, or any approaches thereto,  at any place or point between the federal dam at the city of  Troy,  and  the  most southerly point therefrom where both opposite banks are wholly  within the state of New York, shall construct or  commence  or  continue  the  construction  of  any part of its said proposed railroad, addition,  branch or extension, or construct or  use  any  connection  between  its  existing  or  proposed  railroad  or  any addition thereto, or branch or  extension  thereof,  and  any  such  bridge  which  may   hereafter   be  constructed,  unless and until the plans for such bridge shall have been  submitted to and approved by the  commissioner  of  transportation.  The  commissioner  of  transportation shall not approve any plan for any such  bridge which shall provide for more than a single span across the Hudson  river between the present dyke lines or for any pier or abutment between  the present dyke lines of the river, or for a clearance of less than one  hundred thirty-five feet between the lowest part or member of the bridge  superstructure and the mean level of the river. Full and complete  plans  and specifications for such bridge and its approaches shall be submitted  to  the  commissioner  of  transportation  by  the  railroad corporation  proposing to erect the bridge and action by such officer shall be  taken  thereon,  or  on  a  new  or  amended plan, within ninety days after the  submission thereof and before approving or disapproving said  plan  said  state  official shall give a public hearing thereon, which hearing shall  be held in the city of Albany and notice of such  hearing,  stating  the  time,  place  and briefly describing the purpose thereof, shall be given  by publishing the same once at least ten days prior to  the  date  fixed  for  the  hearing,  in  two  daily  newspapers  published in the city of  Albany. If such plans, or new or amended plans be rejected such  officer  shall  specify the reasons for the rejection in writing and shall within  ten days mail a copy to the person, firm or corporation having submitted  the same. Any railroad corporation which shall commence or continue  the  construction  of  any  such  railroad,  addition, branch or extension or  connection, except in  accordance  herewith,  shall  be  restrained  and  enjoined from proceeding with the work of such construction in an action  to  be brought for that purpose by the attorney-general, and in addition  thereto, shall forfeit its charter. It is hereby made the  duty  of  the  attorney-general  to  institute  and  prosecute  such action whenever it  shall appear to his satisfaction that the grounds therefor exist.    3. Intersection  of  streams,  highways,  plank-roads,  turnpikes  and  canals.  To  construct  its  road  across,  along  or  upon  any stream,  water-course, highway, plank-road, turnpike, or across any of the canals  of the state, which the route of its road shall intersect or touch.4. Intersection of other railroads.  To  cross,  intersect,  join,  or  unite  its  railroad  with any other railroad before constructed, at any  point  on  its  route  and  upon  the  ground  of  such  other  railroad  corporation,  with  the necessary turnouts, sidings, switches, and other  conveniences in furtherance of the objects of its connections.    5.  Buildings  and  stations.  To erect and maintain all necessary and  convenient  buildings,  stations,  fixtures  and   machinery   for   the  accommodation and use of its passengers, freight and business.    6.  Transportation of persons and property. To take and convey persons  and property on its railroad by the  power  or  force  of  steam  or  of  animals,  or  by  any  mechanical  power,  except  where  such  power is  specially prescribed  in  this  chapter,  and  to  receive  compensation  therefor.    7.  Time and manner of transportation. To regulate the time and manner  in  which  passengers  and  property  shall  be  transported,  and   the  compensation to be paid therefor.    8.  In  addition  to  the  power  conferred by subparagraph (a) (6) of  section two hundred two of the business corporation  law,  to  purchase,  take,  receive,  subscribe  for,  or otherwise acquire, own, hold, vote,  employ, sell, lend, lease, exchange, transfer, or otherwise dispose  of,  mortgage,  pledge,  use  and otherwise deal in and with, bonds and other  obligations, shares, or other securities or interests issued by  others,  whether engaged in similar or different business, governmental, or other  activities, if authorized in its certificate of incorporation.