State Codes and Statutes

Statutes > New-york > Rrd > Article-5 > 171

§  171.  Consent  of  property owners and local authorities.  A street  surface railroad, or extensions or branches thereof, shall not be built,  extended or operated unless  the  consent  in  writing  acknowledged  or  proved as are deeds entitled to be recorded, of the owners in cities and  villages  of  one-half  in value, and in towns, not within the corporate  limits of a city or village, of the owners of two-thirds  in  value,  of  the  property  bounded  on and also the consent of the local authorities  having control of that portion of a street or highway upon which  it  is  proposed  to  build  or operate such railroad, extension or branch shall  have been first obtained. Such consents of property owners in the county  of Kings which shall be hereafter  executed,  may  be  forfeited  unless  within  sixty  days  after  the  execution  thereof,  the  same shall be  recorded in the office of the register of such county. Such register  is  hereby  directed  upon  the  payment  of  the  proper fees to record all  consents left with him for that purpose in books to be provided  by  him  and  paid  for  out  of  the funds provided to meet the expenses of said  office. Such books shall be  indexed  according  to  the  names  of  the  consenting  property  owners  and  also  according  to  the names of the  streets, roads or other highways upon which the property  to  which  the  consent relates shall be bounded. In case the recording of such consents  shall  be  hindered,  delayed  or  prevented by legal proceedings in any  court or from any other or different cause not within the control of the  corporation upon which such requirement is imposed,  the  time  for  the  performance of such act is hereby and shall be deemed to be extended for  the  period covered by such hindrance, delay or prevention. The consents  of property owners in one city, village or town, or in any  other  civil  division  of  the  state,  shall not be of any effect in any other city,  village or town or other civil  divisions  of  the  state.  Consents  of  property   owners   heretofore  obtained  to  the  building,  extending,  operating or change of motive power shall be effectual for the  purposes  herein  mentioned  and may be deemed to be sufficiently proved and shall  be entitled to be recorded,  wherever  such  consents  shall  have  been  signed,  executed or acknowledged before an officer authorized by law to  take acknowledgments of deeds,  or  before  or  in  the  presence  of  a  subscribing   witness,   and  without  regard  to  whether  or  not  the  subscribing witness shall have affixed his signature in the presence  of  the  subscriber,  provided  that the proof of such signing, execution or  acknowledgment shall have been made by such subscribing witness  in  the  manner prescribed by section three hundred and four of the real property  law.  In  cities  the  common  council,  acting subject to the power now  possessed by the mayor to veto ordinances;  in  villages  the  board  of  trustees; and in towns the superintendent of highways and the town board  shall  be  the  local  authorities  referred to, except that in villages  where the control of the  streets  is  vested  in  any  other  board  or  authorities,  such  other  board  or  authorities  shall  be  the  local  authorities referred  to,  and  the  consent  of  such  other  board  or  authorities  hereafter or heretofore obtained shall be sufficient; if in  any city or county the exclusive control of any street, avenue or  other  property which is to be used or occupied by any such railroad, extension  or  branch,  is  vested  in  any  other  authority,  the consent of such  authority shall also be first obtained. The value of the property  above  specified  shall be ascertained and determined by the assessment-roll of  the city, village or town in which it is situated, completed last before  the local authorities shall have given their  consent,  except  property  owned by such city, village or town, or by the state of New York, or the  United  States  of  America, the value of which shall be ascertained and  determined by making the value thereof to be the same  as  is  shown  by  such  assessment-roll  to  be  the  value  of the equivalent in size andfrontage of the adjacent property on the same street or highway; and the  consent of the local authorities shall operate as consent of such  city,  village  or  town as the owners of such property. Whenever heretofore or  hereafter  a  railroad  has  been  or  shall  be  constructed and put in  operation for one year or the motive power thereof has been or shall  be  changed  and  put  in operation for a similar length of time, such facts  shall be presumptive evidence  that  the  requisite  consents  of  local  authorities,  property  owners  and other authority to the construction,  maintenance and operation of such railroad or  change  of  motive  power  have  been duly obtained. No consent of local authorities given prior to  May second, nineteen hundred and one, shall be deemed invalid because of  any portion of the road or route consented to not being  connected  with  an existing road or route of the corporation obtaining or acquiring such  consent  and all statements of extension filed under section one hundred  and seventy of this article in reference to the route  or  part  thereof  described  in  any  consent of local authorities are hereby ratified and  confirmed, whether the same were filed before or after the obtaining  or  acquiring  of  such  consents,  provided,  however,  that nothing herein  contained shall be construed to affect any portion of a  street  surface  railroad  which is now in or upon any portion of a street which is under  the  jurisdiction  of  a  park  department  in  any  city  containing  a  population of over twelve hundred thousand inhabitants.

State Codes and Statutes

Statutes > New-york > Rrd > Article-5 > 171

§  171.  Consent  of  property owners and local authorities.  A street  surface railroad, or extensions or branches thereof, shall not be built,  extended or operated unless  the  consent  in  writing  acknowledged  or  proved as are deeds entitled to be recorded, of the owners in cities and  villages  of  one-half  in value, and in towns, not within the corporate  limits of a city or village, of the owners of two-thirds  in  value,  of  the  property  bounded  on and also the consent of the local authorities  having control of that portion of a street or highway upon which  it  is  proposed  to  build  or operate such railroad, extension or branch shall  have been first obtained. Such consents of property owners in the county  of Kings which shall be hereafter  executed,  may  be  forfeited  unless  within  sixty  days  after  the  execution  thereof,  the  same shall be  recorded in the office of the register of such county. Such register  is  hereby  directed  upon  the  payment  of  the  proper fees to record all  consents left with him for that purpose in books to be provided  by  him  and  paid  for  out  of  the funds provided to meet the expenses of said  office. Such books shall be  indexed  according  to  the  names  of  the  consenting  property  owners  and  also  according  to  the names of the  streets, roads or other highways upon which the property  to  which  the  consent relates shall be bounded. In case the recording of such consents  shall  be  hindered,  delayed  or  prevented by legal proceedings in any  court or from any other or different cause not within the control of the  corporation upon which such requirement is imposed,  the  time  for  the  performance of such act is hereby and shall be deemed to be extended for  the  period covered by such hindrance, delay or prevention. The consents  of property owners in one city, village or town, or in any  other  civil  division  of  the  state,  shall not be of any effect in any other city,  village or town or other civil  divisions  of  the  state.  Consents  of  property   owners   heretofore  obtained  to  the  building,  extending,  operating or change of motive power shall be effectual for the  purposes  herein  mentioned  and may be deemed to be sufficiently proved and shall  be entitled to be recorded,  wherever  such  consents  shall  have  been  signed,  executed or acknowledged before an officer authorized by law to  take acknowledgments of deeds,  or  before  or  in  the  presence  of  a  subscribing   witness,   and  without  regard  to  whether  or  not  the  subscribing witness shall have affixed his signature in the presence  of  the  subscriber,  provided  that the proof of such signing, execution or  acknowledgment shall have been made by such subscribing witness  in  the  manner prescribed by section three hundred and four of the real property  law.  In  cities  the  common  council,  acting subject to the power now  possessed by the mayor to veto ordinances;  in  villages  the  board  of  trustees; and in towns the superintendent of highways and the town board  shall  be  the  local  authorities  referred to, except that in villages  where the control of the  streets  is  vested  in  any  other  board  or  authorities,  such  other  board  or  authorities  shall  be  the  local  authorities referred  to,  and  the  consent  of  such  other  board  or  authorities  hereafter or heretofore obtained shall be sufficient; if in  any city or county the exclusive control of any street, avenue or  other  property which is to be used or occupied by any such railroad, extension  or  branch,  is  vested  in  any  other  authority,  the consent of such  authority shall also be first obtained. The value of the property  above  specified  shall be ascertained and determined by the assessment-roll of  the city, village or town in which it is situated, completed last before  the local authorities shall have given their  consent,  except  property  owned by such city, village or town, or by the state of New York, or the  United  States  of  America, the value of which shall be ascertained and  determined by making the value thereof to be the same  as  is  shown  by  such  assessment-roll  to  be  the  value  of the equivalent in size andfrontage of the adjacent property on the same street or highway; and the  consent of the local authorities shall operate as consent of such  city,  village  or  town as the owners of such property. Whenever heretofore or  hereafter  a  railroad  has  been  or  shall  be  constructed and put in  operation for one year or the motive power thereof has been or shall  be  changed  and  put  in operation for a similar length of time, such facts  shall be presumptive evidence  that  the  requisite  consents  of  local  authorities,  property  owners  and other authority to the construction,  maintenance and operation of such railroad or  change  of  motive  power  have  been duly obtained. No consent of local authorities given prior to  May second, nineteen hundred and one, shall be deemed invalid because of  any portion of the road or route consented to not being  connected  with  an existing road or route of the corporation obtaining or acquiring such  consent  and all statements of extension filed under section one hundred  and seventy of this article in reference to the route  or  part  thereof  described  in  any  consent of local authorities are hereby ratified and  confirmed, whether the same were filed before or after the obtaining  or  acquiring  of  such  consents,  provided,  however,  that nothing herein  contained shall be construed to affect any portion of a  street  surface  railroad  which is now in or upon any portion of a street which is under  the  jurisdiction  of  a  park  department  in  any  city  containing  a  population of over twelve hundred thousand inhabitants.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rrd > Article-5 > 171

§  171.  Consent  of  property owners and local authorities.  A street  surface railroad, or extensions or branches thereof, shall not be built,  extended or operated unless  the  consent  in  writing  acknowledged  or  proved as are deeds entitled to be recorded, of the owners in cities and  villages  of  one-half  in value, and in towns, not within the corporate  limits of a city or village, of the owners of two-thirds  in  value,  of  the  property  bounded  on and also the consent of the local authorities  having control of that portion of a street or highway upon which  it  is  proposed  to  build  or operate such railroad, extension or branch shall  have been first obtained. Such consents of property owners in the county  of Kings which shall be hereafter  executed,  may  be  forfeited  unless  within  sixty  days  after  the  execution  thereof,  the  same shall be  recorded in the office of the register of such county. Such register  is  hereby  directed  upon  the  payment  of  the  proper fees to record all  consents left with him for that purpose in books to be provided  by  him  and  paid  for  out  of  the funds provided to meet the expenses of said  office. Such books shall be  indexed  according  to  the  names  of  the  consenting  property  owners  and  also  according  to  the names of the  streets, roads or other highways upon which the property  to  which  the  consent relates shall be bounded. In case the recording of such consents  shall  be  hindered,  delayed  or  prevented by legal proceedings in any  court or from any other or different cause not within the control of the  corporation upon which such requirement is imposed,  the  time  for  the  performance of such act is hereby and shall be deemed to be extended for  the  period covered by such hindrance, delay or prevention. The consents  of property owners in one city, village or town, or in any  other  civil  division  of  the  state,  shall not be of any effect in any other city,  village or town or other civil  divisions  of  the  state.  Consents  of  property   owners   heretofore  obtained  to  the  building,  extending,  operating or change of motive power shall be effectual for the  purposes  herein  mentioned  and may be deemed to be sufficiently proved and shall  be entitled to be recorded,  wherever  such  consents  shall  have  been  signed,  executed or acknowledged before an officer authorized by law to  take acknowledgments of deeds,  or  before  or  in  the  presence  of  a  subscribing   witness,   and  without  regard  to  whether  or  not  the  subscribing witness shall have affixed his signature in the presence  of  the  subscriber,  provided  that the proof of such signing, execution or  acknowledgment shall have been made by such subscribing witness  in  the  manner prescribed by section three hundred and four of the real property  law.  In  cities  the  common  council,  acting subject to the power now  possessed by the mayor to veto ordinances;  in  villages  the  board  of  trustees; and in towns the superintendent of highways and the town board  shall  be  the  local  authorities  referred to, except that in villages  where the control of the  streets  is  vested  in  any  other  board  or  authorities,  such  other  board  or  authorities  shall  be  the  local  authorities referred  to,  and  the  consent  of  such  other  board  or  authorities  hereafter or heretofore obtained shall be sufficient; if in  any city or county the exclusive control of any street, avenue or  other  property which is to be used or occupied by any such railroad, extension  or  branch,  is  vested  in  any  other  authority,  the consent of such  authority shall also be first obtained. The value of the property  above  specified  shall be ascertained and determined by the assessment-roll of  the city, village or town in which it is situated, completed last before  the local authorities shall have given their  consent,  except  property  owned by such city, village or town, or by the state of New York, or the  United  States  of  America, the value of which shall be ascertained and  determined by making the value thereof to be the same  as  is  shown  by  such  assessment-roll  to  be  the  value  of the equivalent in size andfrontage of the adjacent property on the same street or highway; and the  consent of the local authorities shall operate as consent of such  city,  village  or  town as the owners of such property. Whenever heretofore or  hereafter  a  railroad  has  been  or  shall  be  constructed and put in  operation for one year or the motive power thereof has been or shall  be  changed  and  put  in operation for a similar length of time, such facts  shall be presumptive evidence  that  the  requisite  consents  of  local  authorities,  property  owners  and other authority to the construction,  maintenance and operation of such railroad or  change  of  motive  power  have  been duly obtained. No consent of local authorities given prior to  May second, nineteen hundred and one, shall be deemed invalid because of  any portion of the road or route consented to not being  connected  with  an existing road or route of the corporation obtaining or acquiring such  consent  and all statements of extension filed under section one hundred  and seventy of this article in reference to the route  or  part  thereof  described  in  any  consent of local authorities are hereby ratified and  confirmed, whether the same were filed before or after the obtaining  or  acquiring  of  such  consents,  provided,  however,  that nothing herein  contained shall be construed to affect any portion of a  street  surface  railroad  which is now in or upon any portion of a street which is under  the  jurisdiction  of  a  park  department  in  any  city  containing  a  population of over twelve hundred thousand inhabitants.