§ 186. Corporate rights saved in case of failure to complete road;
right to operate branches; conditions; former consents ratified;
limitations. The corporate existence and powers of every street surface
railroad corporation, which has completed a railroad upon a substantial
portion of the route designated in its certificate of incorporation, or
of extension, within ten years from the date of filing such certificate
in the office of the department of state, and which was operating such
completed portion of its railroad on the twenty-third day of March,
nineteen hundred and twelve, and had operated a portion of the same
continuously for a period of five years immediately preceding said date,
shall continue as to the completed portion of said road only with like
force and effect, as though it had in all respects complied with the
provisions of law with reference to the time when it should have fully
completed its road, or such extension. Every such corporation shall have
the right to operate any extensions and branches of its railroad, now
constructed and operated by it, which had been so constructed and
operated by it, for a period of ten years immediately preceding said
twenty-third day of March, nineteen hundred and twelve, with like force
and effect, as though the route of such extensions and branches were
designated in its certificate of incorporation.

But every such street surface railroad corporation is authorized to
operate such railroad and any extensions or branches thereof, upon
condition that it has heretofore obtained, or shall hereafter obtain,
the consent of the local authorities having the control of that portion
of the streets, avenues or highways included in such railroad, or any
extension or branch thereof, to the construction and operation of the
same, and also upon the condition that it has heretofore obtained or
shall hereafter first obtain the consent of the owners of one-half in
value of the property bounded on the portion of the streets, avenues or
highways included in the route of such railroad, or any extensions or
branches thereof, to the construction and operation of the same, or in
case the consent of such property owners can not be obtained, the
appellate division of the supreme court of the department in which such
railroad or any extension or branch thereof is located, may, upon
application, appoint three commissioners who shall determine, after a
hearing of all the parties interested, whether such railroad ought to be
constructed or operated, and their determination, confirmed by the
court, may be taken in lieu of the consent of the property owners. If
any street surface railroad corporation shall have made and filed a
statement or statements of proposed extensions or branches embracing a
line from the boundary of a city or village to the boundary of another
city or village generally parallel with the route specified in its
certificate of incorporation and generally distant not more than
one-half mile therefrom, and shall have made and filed an agreement of
consolidation with some other street surface railroad corporation formed
to build a street railroad upon a route continuous or connecting with
one or more of the routes described in such statement or statements of
proposed extensions or branches, and thereafter there shall have been
constructed and operated for a period of four years a street surface
railroad from such city or village to such other city or village upon a
line embraced in any such proposed extensions or branches, such
consolidated corporation may relinquish and abandon any unconstructed
route or unconstructed portions of route specified in the certificate of
incorporation or in any statements or proposed extensions or branches of
such first mentioned corporation by filing in the office of the
department of state a copy of a resolution of the board of directors of
such consolidated corporation certified by its president and secretary,
declaring such unconstructed route or unconstructed portions of route
relinquished or abandoned, and thereupon the corporate rights, powers
and franchises of such consolidated corporation shall be and continue
the same as though the certificate of incorporation of such constituent
corporation had specified the constructed and not the unconstructed
portions of such route and proposed extensions and branches. All
consents given, or grants made by local authorities having the control
of the portion of any street, avenue or highway included in the route of
such railroad, or any extensions or branches thereof, to any such street
surface railroad corporation, prior to March twenty-third, nineteen
hundred and twelve, are hereby ratified and confirmed and declared
valid. This section shall not apply to or affect any railroad
corporation in the city of New York; nor any special grant made to or
authority conferred upon any street surface railroad corporation by any
law of this state; nor any litigation pending on March twenty-third,
nineteen hundred and twelve; nor shall it impair rights, privileges, or
franchises existing on said date of any street surface railroad
corporation.