State Codes and Statutes

Statutes > New-york > Rrd > Article-5 > 202

§   202.   Consents  of  property  owners.    No  railroads  shall  be  constructed, equipped or operated by virtue  of  the  preceding  section  except  upon the condition that the consent of the owners of one-half in  value of the property outside of said public parks bounded  on  and  the  consent also of the local authorities having the control of that portion  of  a  street or highway upon which it is proposed to construct, operate  or extend the said railroads to connect with any  surface  railroads  in  such  cities  be first obtained, or in case the consent of such property  owners cannot be obtained, the appellate division of the  supreme  court  in  the  department  in which it is proposed to be constructed may, upon  application, appoint three commissioners,  who  shall  determine,  after  hearing  of all parties interested, whether the portion of such railroad  outside of said public parks ought to be constructed  or  operated,  and  their  determination  confirmed by the court may be taken in lieu of the  consent of the property owners.

State Codes and Statutes

Statutes > New-york > Rrd > Article-5 > 202

§   202.   Consents  of  property  owners.    No  railroads  shall  be  constructed, equipped or operated by virtue  of  the  preceding  section  except  upon the condition that the consent of the owners of one-half in  value of the property outside of said public parks bounded  on  and  the  consent also of the local authorities having the control of that portion  of  a  street or highway upon which it is proposed to construct, operate  or extend the said railroads to connect with any  surface  railroads  in  such  cities  be first obtained, or in case the consent of such property  owners cannot be obtained, the appellate division of the  supreme  court  in  the  department  in which it is proposed to be constructed may, upon  application, appoint three commissioners,  who  shall  determine,  after  hearing  of all parties interested, whether the portion of such railroad  outside of said public parks ought to be constructed  or  operated,  and  their  determination  confirmed by the court may be taken in lieu of the  consent of the property owners.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rrd > Article-5 > 202

§   202.   Consents  of  property  owners.    No  railroads  shall  be  constructed, equipped or operated by virtue  of  the  preceding  section  except  upon the condition that the consent of the owners of one-half in  value of the property outside of said public parks bounded  on  and  the  consent also of the local authorities having the control of that portion  of  a  street or highway upon which it is proposed to construct, operate  or extend the said railroads to connect with any  surface  railroads  in  such  cities  be first obtained, or in case the consent of such property  owners cannot be obtained, the appellate division of the  supreme  court  in  the  department  in which it is proposed to be constructed may, upon  application, appoint three commissioners,  who  shall  determine,  after  hearing  of all parties interested, whether the portion of such railroad  outside of said public parks ought to be constructed  or  operated,  and  their  determination  confirmed by the court may be taken in lieu of the  consent of the property owners.