Section 192-A. Relocation of tracks  


Latest version.
  • In any city having a population of one
      million  or  more, the board of estimate of such city, or if there be no
      board of estimate, the local authorities of such city having control  of
      the  streets  shall  have  the  power  to  apply  to the commissioner of
      transportation for an order directing any street railroad corporation to
      change the location of its tracks within any street or highway forming a
      part of its route in a borough of such city  containing  not  less  than
      three  hundred  thousand  or more than six hundred thousand inhabitants,
      where in  the  judgment  of  such  commissioner  of  transportation  the
      relocation   of   such  tracks  is  necessary  in  connection  with  the
      maintenance, widening, change of grade, setting back of  curb  lines  or
      other  proper improvement of such street or highway. Any street railroad
      corporation  operating  as  aforesaid,  shall,  at  such  time  as   the
      commissioner  of transportation shall direct, start work upon the change
      of the location of its tracks to the place and in the manner directed by
      the commissioner of transportation and shall complete such change within
      a reasonable time thereafter. The relocation of any track in  accordance
      with  the  provisions  of this section shall not limit, change or in any
      wise affect or prejudice the existing rights or franchises of any street
      railroad corporation, and such corporation shall have the same right  to
      operate  its  railroad  on the relocated route in the same manner and to
      the same extent as it had the right so to do on the original route.
        The cost and expense of the relocation of such railroad  tracks  shall
      be   imposed   and   borne   in  such  manner  as  the  commissioner  of
      transportation may  determine  before,  during  or  subsequent  to  such
      relocation.  In  determining such cost and expense, such commissioner of
      transportation may take into consideration the fact that such  road  was
      located before such street was laid out.