Section 24. Change of route, grade or terminus; abandonment of line or portion thereof  


Latest version.
  • Every railroad corporation,  except  elevated  railroad
      corporations,  may,  by a vote of two-thirds of all its directors, alter
      or change the route or any part of the route of its road or its termini,
      or locate such route, or any part thereof, or its termini, in  a  county
      adjoining  any  county  named in its certificate of incorporation, if it
      shall appear to them that the line can be improved thereby, upon  making
      and  filing in the clerk's office of the proper county a survey, map and
      certificate of such alteration or change. If the same is made after  the
      corporation has commenced grading the original route, compensation shall
      be  made  to  all  persons  for injury done by such grading to any lands
      donated to the corporation. But neither terminus can be  changed,  under
      this  section,  to  any other county than one adjoining that in which it
      was previously located; nor can the route or terminus of any railroad be
      so changed in any town,  county  or  municipal  corporation,  which  has
      issued  bonds and taken any stock or bonds in aid of the construction of
      such railroad, without the written consent of a  majority  of  taxpayers
      appearing  upon  the  last  assessment-roll  of  such  town,  county  or
      municipal corporation, unless such  terminus,  after  the  change,  will
      remain  in the same village or city as theretofore. No alteration of the
      route of any railroad after its construction shall be made, or new  line
      or  route  of road laid out or established, as provided in this section,
      in any city or village, unless approved by a vote of two-thirds  of  the
      common  council  of  the  city  or trustees of the village. Any railroad
      corporation may, by a vote of its directors, change  the  grade  of  any
      part  of  its  road, except that in the city of Buffalo such change must
      conform to the general plan heretofore adopted and filed  by  the  grade
      crossing commissioners of said city, or any modification thereof, within
      the  territory  covered  by  said general plan, in such manner as it may
      deem necessary to avoid accidents and facilitate the use of  such  road;
      and  it  may by such vote alter the grade of its road, for such distance
      and in such manner as it may deem necessary, on each or either  side  of
      the  place  where the grade of its road has been changed by direction of
      the commissioner of transportation, at any point where its road  crosses
      any  canal  or  canal  feeder,  except  that in the city of Buffalo such
      change must conform to the general plan heretofore adopted and filed  by
      the  grade  crossing  commissioners  of  said  city, or any modification
      thereof,  within  the  territory  covered  by  said  general  plan.  The
      commissioner  of  transportation  shall  have  a general and supervisory
      power over that part of any railroad which passes  over,  or  approaches
      within  ten  rods of any canal or canal feeder belonging to the state so
      far as may be necessary to preserve the free and  perfect  use  of  such
      canals  or  feeders, or to make any repairs, improvements or alterations
      in the same. Any railroad corporation whose  tracks  cross  any  of  the
      canals  of  the state, and the grade of which may be raised by direction
      of  the  commissioner  of  transportation,  with  the  assent  of   such
      commissioner,  may  lay  out a new line of road to cross such canal at a
      more favorable grade, and may extend such new line and connect the  same
      with  any  other  line of road owned by such corporation upon making and
      filing in the clerk's office of the proper  county  a  survey,  map  and
      certificate  of  such new or altered line. Notwithstanding the foregoing
      provisions of this section  or  of  any  other  provision  of  law,  any
      railroad  corporation  may by a vote of two-thirds of all its directors,
      or  by  action  of  its  receiver  or  trustee   if   in   receivership,
      reorganization  or  bankruptcy,  taken  with the permission of the court
      having jurisdiction, abandon all or any portion of its line or lines, or
      the operation thereof,  provided,  however,  that  the  commissioner  of
    
      transportation  has  determined  that  such abandonment is in the public
      interest.