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This entry was published on 2014-09-22
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Construction of chapter
Rapid Transit (RAT) CHAPTER 48-A, ARTICLE 9
§ 100. Construction of chapter. a. This chapter shall not be
construed to repeal or in any manner affect article six of the railroad
law, except so far as such article would, if this chapter had not been
passed, authorize the appointment hereafter of any commissioners applied
for as provided in section two hundred twenty of such law in any city or
authorize any commissioners already appointed pursuant to such section
in any such city to fix, determine or locate any new route pursuant to
the provisions of such article of the railroad law.

b. This chapter shall not repeal or in any manner affect the railroad
law, except as expressly provided, or except so far as the provisions
thereof conflict with the provisions of this chapter. But nothing in
this section shall prevent the board of transportation from laying out a
route for a railroad and constructing and operating a railroad, and such
board shall have the right to lay out such route and construct and
operate such railroad over, under, along or across any street in, along,
under or over which there shall be any existing railroad, provided that
the routes so laid out by the board and the railroad so constructed by
it shall so pass over or under or at the side of such existing railroad
as not to interfere with its operation.

c. This chapter shall not be construed in any manner to affect the
exercise or enjoyment at any time of any right acquired, exercised or
enjoyed before the thirty-first day of January, eighteen hundred
ninety-one by any corporation duly incorporated and organized before
such date or deriving powers and rights under the laws of this state.

d. This chapter shall not affect or impair the exercise or enjoyment
of any right or rights possessed before the thirty-first day of January,
eighteen hundred ninety-one or acquired or authorized to be acquired,
exercise or enjoyed by any street surface railroad corporation before
such date, except as herein otherwise expressly provided.