Section 8. Additional powers conferred  


Latest version.
  • 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.