Section 191. Road not to be constructed upon ground occupied by public buildings or in public parks  


Latest version.
  • No  street  surface  railroad  shall  be
      constructed  or  extended upon ground occupied by buildings belonging to
      any town, city, county or to the state, or to the United States,  or  in
      public  parks, except in tunnels to be approved by the local authorities
      having control of such parks. Provided, however, that the  commissioners
      of  the  state  reservation  at  Niagara, by and with the consent of the
      commissioners of the land office, may construct, without expense to  the
      state,  street railroad tracks upon and along that part of the riverway,
      so called, between Falls and Niagara streets, in  the  city  of  Niagara
      Falls,  and  in  their discretion may grant revocable licenses to street
      surface railroad companies to use such tracks upon such  terms  as  said
      commissioners  may  prescribe.  And  provided,  further,  that  a street
      railroad may be constructed or extended upon a route or  routes  with  a
      right of way not exceeding fifty feet in width in the Pelham Bay park in
      the city of New York, said route or routes to be designated and fixed by
      the  board of estimate and apportionment of said city, with the approval
      of the park board of said city, and shall constitute  the  most  direct,
      appropriate route or routes in the opinion of said board of estimate and
      apportionment  and  said park board, but no such street surface railroad
      shall be constructed or extended until a  franchise  or  right  therefor
      shall  have  been  granted  by said board of estimate and apportionment,
      pursuant to the statutes relating to the granting of such franchises  or
      rights,  and requiring adequate compensation therefor, and no company or
      corporation shall be given the  exclusive  right  to  operate  a  street
      surface  railroad  upon such route or routes, and no such street surface
      railroad shall be constructed at grade upon, along or across any of  the
      existing  or  proposed  streets,  highways,  driveways, parkways or park
      walks within the limits of said park.