§ 180. Motive power. Any street surface railroad may operate any
portion of its road by cable, electricity, or any power other than
locomotive steam power, which said locomotive steam power is primarily
generated by the locomotive propelling the cars, and in the use of which
either escaping steam or smoke is visible, which may be approved by the
commissioner of transportation and consented to by the owners of
one-half of the property bounded on that portion of the railroad, with
respect to which a change of motive power is proposed; and if the
consent of such property owners can not be obtained, the determination
of three disinterested commissioners, appointed by the appellate
division of the supreme court of the department in which such railroad
is located, in favor of such motive power, confirmed by the court, shall
be taken in lieu of the consent of the property owners. The consent of
the property owners shall be obtained and the proceedings for the
appointment and the determination of the commissioners and the
confirmation of their report shall be conducted in the manner prescribed
in sections one hundred and seventy-one and one hundred and seventy-four
of this article, so far as the same can properly be made applicable
thereto. Any railroad corporation making a change in its motive power
under this section, may make any changes in the construction of its road
or roadbed or other property rendered necessary by the change in its
motive power. Where a street surface railroad in the counties of
Herkimer and Hamilton is located wholly outside the limits of an
incorporated city or village, such railroad may, with the approval of
the commissioner of transportation, be operated by locomotive steam
power, provided that such steam power is generated by oil from and
including April fifteenth to and including November thirtieth, and by
either oil or coal from and including December first to and including
April fourteenth.