Section 229. Powers

Subject to the provisions of the transportation law,
  every such corporation shall have  power,  in  addition  to  the  powers
  conferred  by  the business corporation law and by subdivisions four and
  six of section eight of this chapter:
    1. To take and convey persons and property  on  its  railroad  by  the
  power  or force of steam or by any motor other than animal power, and to
  receive compensation therefor.
    2. To enter upon and  underneath  the  several  streets,  avenues  and
  public  places and lands designated by the commissioners, and enter into
  and upon the soil of the same, to construct, maintain, operate  and  use
  in  accordance  with  the  plan adopted by the commissioners, a railroad
  upon the route or routes and to the points decided upon  and  to  secure
  the  necessary  foundations  and  erect  the  columns,  piers  and other
  structures which may be required to secure safety and stability  in  the
  construction  and maintenance of the railroad constructed upon such plan
  and for operating the same; and to make such  excavations  and  openings
  along  the  route  through  which  such railroad shall be constructed as
  shall be necessary from time to time. In all cases the  surface  of  the
  streets  around such foundations, piers and columns shall be restored to
  the condition in which they were before such excavations were  made,  as
  near  as may be, and any interference with or change in the water mains,
  or in the sewers or lamp posts, except such changes as may be made  with
  the concurrence of the proper department or authority, shall be avoided;
  and  the use of the streets, avenues, places and lands designated by the
  commissioners and the right of way through the same for the purpose of a
  railroad, as herein  authorized,  shall  be  considered  and  is  hereby
  declared  to  be  a  public  use, consistent with the uses for which the
  roads, streets, avenues and public places are  publicly  held.  No  such
  corporation  shall  have  the  right  to acquire the use or occupancy of
  public parks or squares in any such  city  or  county,  or  the  use  or
  occupancy of any of the streets or avenues, except such as may have been
  designated  for  the  route  or routes of such railroad, and except such
  temporary privileges  as  the  proper  authorities  may  grant  to  such
  corporations to facilitate such construction, and no such railroad shall
  be  constructed  across  the  track  of any steam railroad now in actual
  operation at the grade thereof, nor shall any piers or supports for  any
  elevated  railroad  be erected upon a railroad track now actually in use
  in any street or avenue; and  no  such  corporation  shall  construct  a
  street  surface  railroad to run in whole or in part upon the surface of
  any street or highway under the provisions of this article.