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This entry was published on 2014-09-22
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SECTION 23
Interference with tracks and sub-surface structures
Rapid Transit (RAT) CHAPTER 48-A, ARTICLE 3
§ 23. Interference with tracks and sub-surface structures. a.
Wherever or whenever the route selected by the board of transportation
or one of its predecessors for the construction of such railroad shall
intersect, cross or coincide with any railroad track occupying the
surface of any street, or the construction or operation of such railroad
shall interfere with any sub-surface structures, any person constructing
any railroad or part of a railroad under any contract made with the
board of transportation or one of its predecessors, is hereby
authorized, for the purpose of constructing such work, to remove the
track of any such railroad, or any of such sub-surface structures. Such
removal shall be done in such manner as to interfere as little as
possible with the practical operation or workings of such railroad, or
the works or business of the owners of any of such sub-surface
structures. Upon the construction of such railroad built under and in
conformity with the provisions of this chapter, where such removals or
changes have been made, such track or sub-surface structures shall be
restored as nearly as may be to the condition in which they were
previous to the construction of any such railroad built under the
provisions of this chapter. Any damages which such owner may sustain
shall be ascertained by a commissioner to be appointed in the manner
provided by the condemnation law.

b. For the purpose of the construction or operation of any railroad
under the provisions of this chapter, the board of transportation may
remove or cause to be removed, any sub-surface structures underneath any
street. Such structures shall be replaced as soon as practicable, either
in the same position as before or in a secure and convenient position
underneath such street or underneath such other street, as may be
approved by the head of the agency of the city having jurisdiction
thereof. This section shall not authorize the permanent removal from any
street of any subways or conduits for the reception of electrical
conductors which shall have been placed in such street prior to the
construction of the railroad, without the consent of the owner and
lessee of such subway or conduit.

c. All such removals and restorations shall be made at the proper cost
and charge of such person as may have made such removals, but subject to
the provisions of his contract, if any, with the board of transportation
or one of its predecessors. For the purpose of facilitating
construction, and to diminish the period of occupancy of any street for
the transportation of material, any contractor acting under a contract
made in pursuance of this chapter, with the approval of the board of
transportation, may lay upon or over the surface of any street,
temporary tramways, to be used only for the removal of excavated
materials or the transportation of materials for use in such
construction. Any such tramway shall be removed forthwith upon the
direction of the board of transportation. This section shall not
authorize the construction or operation of any street railroad or grant
to any person the right to lay down railroad tracks.