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This entry was published on 2014-09-22
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SECTION 185
Effect of dissolution of charter as to consents
Railroad (RRD) CHAPTER 49, ARTICLE 5
§ 185. Effect of dissolution of charter as to consents. Whenever any
street surface railroad corporation shall have been dissolved or
annulled, or its charter repealed by an act of the legislature, the
consent of owners of property bounded on, and the consent of the local
authorities having the control of that portion of a street or highway
upon which the railroad of such corporation shall have been theretofore
constructed and operated, and the order of the appellate division
confirming the report of any commissioner that such railroad ought to be
constructed or operated, shall not, nor shall either thereof, be deemed
to be in any way impaired, revoked, terminated or otherwise affected by
such act of dissolution, annulment or repeal, but the same and each
thereof shall continue in full force, efficacy and being. The right to
the further enjoyment and to the use thereof, subsequent to such act of
dissolution, annulment or repeal, and of all the powers, privileges and
benefits therein or thereby created, shall be sold at public auction by
the local authorities within whose jurisdiction such railroad shall be,
in the same manner as is provided in section one hundred and
seventy-three of this article. When such sale shall have been so made,
the purchaser thereat shall have the right to the further enjoyment and
use of such consents and orders, and of each thereof, and of all the
powers, privileges and benefits therein or thereby created, in like
manner as if such purchaser had been originally named in such consents,
reports and orders; if such purchaser shall be otherwise authorized by
law to construct, maintain and operate a street surface railroad within
the municipality within which such railroad shall be.