Section 32. Individual, joint-stock association, or other corporation may lay down and maintain railroad tracks in certain cases

Any  individual,
  joint-stock  association  or corporation, engaged in any lawful business
  in this state, may, except in any  city  of  the  state,  lay  down  and
  maintain  such  railroad  tracks on or across any street or highway, not
  exceeding  three  miles  in  length,  as  shall  be  necessary  for  the
  transaction  of its business, and to connect any place of business owned
  by them with the track of any  railroad  corporation,  and  render  such
  place  of  business  more  accessible  to the public, upon obtaining the
  written consent of the owners of all the lands bounded  on  and  of  the
  local  authorities  having  control  of  that  portion  of the street or
  highway, upon  which  it  is  proposed  to  construct  or  operate  such
  railroad.  If  the  consent of such property owners can not be obtained,
  the appellate division of the supreme court of the department  in  which
  such  railroad  is to be constructed, may upon application appoint three
  commissioners, who shall determine,  after  a  hearing  of  all  parties
  interested,  whether  such railroad ought to be constructed or operated,
  and the amount of damages, if any, to be paid to such  property  owners,
  and  their  determination confirmed by the court may be taken in lieu of
  the consent of the property owners. But no such  railroad  shall  be  so
  located,  graded, built or operated as to interfere with or obstruct the
  traveled part of any highway, or its use as a highway, or the use of any
  street or highway intersecting the same.