New York § 9 - 9Certificate of convenience and necessity

§ 9. 9Certificate of convenience and necessity

§ 9. Certificate of convenience and necessity. No railroad corporation formed after May eighteenth, eighteen hundred and ninety-two, under the laws of this state shall exercise the powers conferred by law upon such corporations or begin the construction of its road until the directors shall cause a copy of the original certificate of incorporation to be published in one or more newspapers in each county in which the road is proposed to be located, at least once a week for three successive weeks, and shall file satisfactory proof thereof with the commissioner; nor until the commissioner shall certify that the foregoing conditions have been complied with, and also that public convenience and a necessity require the construction of said railroad as proposed in said certificate of incorporation. The foregoing certificate shall be applied for within six months after the completion of the three weeks' publication hereinbefore provided for. If a certificate is refused no further proceedings shall be had before said commissioner, but the application may be renewed after one year from the date of such refusal. Prior to granting or refusing said certificate the commissioner shall have a right to permit errors, omissions or defects to be supplied and corrected. After a refusal to grant such certificate the commissioner shall certify a copy of all maps and papers on file in its office and of the findings of the commissioner when so requested by the directors aforesaid. Such directors may thereupon present the same to the appellate division of the supreme court of the department within which said road is proposed in whole or in part to be constructed, and said appellate division shall have power, in its discretion, to order said commissioner, for reasons stated, to issue said certificate, and it shall be issued accordingly. Such certificate shall be filed in the office of the department of state, and a copy thereof, certified to be a copy by the secretary of state, or his deputy, shall be evidence of the fact therein stated. Nothing in this section shall prevent any such railroad corporation from causing such examinations and surveys for its proposed railroad to be made as may be necessary to the selection of the most advantageous route; and for such purpose by its officers or agents and servants, entering upon the lands or water of any person, but subject to the responsibility for all damages which shall be done thereto. The certificate provided for in this section shall not dispense with the permission and approval provided for in section one hundred twenty-seven of the transportation law.