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This entry was published on 2014-09-22
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SECTION 8
Additional powers conferred
Railroad (RRD) CHAPTER 49, ARTICLE 2
§ 8. Additional powers conferred. Subject to the limitations and
requirements of this chapter and of the public service law every
railroad corporation, without limitation of the powers given by the
business corporation law, shall have power:

1. Entry upon lands for purposes of survey. To cause the necessary
examination and survey for its proposed railroad to be made for the
selection of the most advantageous route; and for such purpose, by its
officers, agents or servants, to enter upon any lands or waters subject
to liability to the owner for all damages done.

2. Construction of road. To lay out its road not exceeding six rods in
width, and to construct and the same; and, for the purpose of cuttings
and embankments, to take such additional lands as may be necessary for
the proper construction and security of the road; and to cut down any
standing trees that may be in danger of falling on the road, upon making
compensation therefor. No railroad corporation, whose proposed
railroad, or any addition thereto, or branch or extension thereof, shall
include as a part of said proposed railroad, addition, branch or
extension, a bridge across the Hudson river, or any approaches thereto,
at any place or point between the federal dam at the city of Troy, and
the most southerly point therefrom where both opposite banks are wholly
within the state of New York, shall construct or commence or continue
the construction of any part of its said proposed railroad, addition,
branch or extension, or construct or use any connection between its
existing or proposed railroad or any addition thereto, or branch or
extension thereof, and any such bridge which may hereafter be
constructed, unless and until the plans for such bridge shall have been
submitted to and approved by the commissioner of transportation. The
commissioner of transportation shall not approve any plan for any such
bridge which shall provide for more than a single span across the Hudson
river between the present dyke lines or for any pier or abutment between
the present dyke lines of the river, or for a clearance of less than one
hundred thirty-five feet between the lowest part or member of the bridge
superstructure and the mean level of the river. Full and complete plans
and specifications for such bridge and its approaches shall be submitted
to the commissioner of transportation by the railroad corporation
proposing to erect the bridge and action by such officer shall be taken
thereon, or on a new or amended plan, within ninety days after the
submission thereof and before approving or disapproving said plan said
state official shall give a public hearing thereon, which hearing shall
be held in the city of Albany and notice of such hearing, stating the
time, place and briefly describing the purpose thereof, shall be given
by publishing the same once at least ten days prior to the date fixed
for the hearing, in two daily newspapers published in the city of
Albany. If such plans, or new or amended plans be rejected such officer
shall specify the reasons for the rejection in writing and shall within
ten days mail a copy to the person, firm or corporation having submitted
the same. Any railroad corporation which shall commence or continue the
construction of any such railroad, addition, branch or extension or
connection, except in accordance herewith, shall be restrained and
enjoined from proceeding with the work of such construction in an action
to be brought for that purpose by the attorney-general, and in addition
thereto, shall forfeit its charter. It is hereby made the duty of the
attorney-general to institute and prosecute such action whenever it
shall appear to his satisfaction that the grounds therefor exist.

3. Intersection of streams, highways, plank-roads, turnpikes and
canals. To construct its road across, along or upon any stream,
water-course, highway, plank-road, turnpike, or across any of the canals
of the state, which the route of its road shall intersect or touch.

4. Intersection of other railroads. To cross, intersect, join, or
unite its railroad with any other railroad before constructed, at any
point on its route and upon the ground of such other railroad
corporation, with the necessary turnouts, sidings, switches, and other
conveniences in furtherance of the objects of its connections.

5. Buildings and stations. To erect and maintain all necessary and
convenient buildings, stations, fixtures and machinery for the
accommodation and use of its passengers, freight and business.

6. Transportation of persons and property. To take and convey persons
and property on its railroad by the power or force of steam or of
animals, or by any mechanical power, except where such power is
specially prescribed in this chapter, and to receive compensation
therefor.

7. Time and manner of transportation. To regulate the time and manner
in which passengers and property shall be transported, and the
compensation to be paid therefor.

8. In addition to the power conferred by subparagraph (a) (6) of
section two hundred two of the business corporation law, to purchase,
take, receive, subscribe for, or otherwise acquire, own, hold, vote,
employ, sell, lend, lease, exchange, transfer, or otherwise dispose of,
mortgage, pledge, use and otherwise deal in and with, bonds and other
obligations, shares, or other securities or interests issued by others,
whether engaged in similar or different business, governmental, or other
activities, if authorized in its certificate of incorporation.