§ 82. Relocation of railroads. a. Upon application of any person\nowning a railroad wholly or in part within the limits of the city, the\ncommission, if in its judgment the public interests so demand, with the\napproval of the board of estimate and the mayor, may fix and determine\nthe route upon which such person may relocate its railroad, or some\nspecified portion thereof, including devices and appurtenances. The\ncommission shall fix and determine the location and plan of construction\nof such railroad or portion thereof as so relocated upon such new route,\nthe times within which it shall be constructed upon such new route, and\nsuch other terms, conditions and requirements as to such commission\nshall appear just and proper for the exercise of the franchise of such\nperson upon such new route. Such railroad or portion thereof with the\ndevices and appurtenances when so relocated shall be held by such person\nunder the terms and privileges of his franchise except as may be\notherwise specified and agreed in such grant, in place of the railroad\nor portion thereof as it existed prior to such relocation. Such railroad\nor portion thereof theretofore existing prior to such relocation shall\nthereupon be removed and all right to hold, maintain or operate it upon\nthe former route, except the portion if any thereof not so relocated,\nshall cease. Provided, however, that the construction and operation of\nsuch railroad or portion thereof as so relocated upon the new route,\nfixed and determined by the commission as aforesaid, are authorized only\nupon condition that the consent of the owners of one-half in value of\nthe property bounded on, and the consent also of the board of estimate\nand the mayor, be first obtained. In case the consent of such property\nowners cannot be obtained, the appellate division of the supreme court\nin the department in which such relocation is proposed, upon application\nin the same manner and on the same notice, specified in section\ntwenty-one of this chapter, may appoint three commissioners who shall\ndetermine after a hearing of all the parties interested whether such\nproposed relocated railroad ought to be constructed or operated, and\ntheir determination, confirmed by the court, may be taken in lieu of the\nconsent of the property owners.\n b. As part of the consideration for surrender by such person of any\nand all right to maintain and operate its railroad or portion thereof\nand the structures therefor upon any street in its existing route and\nthe grant of the right to relocate, the grant may provide that the\nexpense of taking away the structure and restoring the streets and of\nreconstructing the structure in the new location, including the\nacquisition of property necessary therefor, shall be borne by the person\nor by the city or partly by the such person and partly by the city. The\ngrant may provide as to the amounts of contributions therefor and by\nwhom and at what time such contributions shall be made. The grant may\nalso provide as to the measure of compensation to be made for existing\nrailroad rights and structures and for such new rights and structures\nacquired under such grant or for either thereof, and the manner of\npaying for them, as to the mode and manner of making and carrying into\neffect such relocation and the conditions upon which it is to be done\nand how and when it shall take place and be completed and fix the\ndetails incident and necessary to the removal, abandonment or rebuilding\nof the old structure or any part thereof. If the public interests, in\nthe opinion of the commission shall justify the provisions, the grant\nmay provide that the construction of any part of the railroad or portion\nthereof so relocated upon such new route included in such grant, with\nthe consent of the commission, may be suspended during the term of such\ngrant or any part of such term, provided that during such term or part\nof term there shall be available for use, in lieu o
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