New York § 23 - 23Interference with tracks and sub-surface structures

§ 23. 23Interference with tracks and sub-surface structures

§ 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.