§ 21. Railroads along highways. No railroad corporation shall erect
any bridge or other obstruction across, in or over any stream or lake,
navigated by steam or sail boats at the place where it may be proposed
to be erected, except as hereinafter provided, nor shall it construct
its road in, upon or across any street of any city without the assent of
the corporation of such city, nor across, upon or along any highway in
any town or street in any incorporated village, without the order of the
supreme court of the district in which such highway or street is
situated, made at a special term thereof, after at least ten days'
written notice of the intention to make application for such order shall
have been given to the superintendent of highways of such town, or board
of trustees of the village in which such highway or street is situated,
and also to the commissioner of transportation in case such highway or
street is one maintained in whole or in part by the state; provided,
however, that all bridges and other obstructions across, in or over any
stream or lake and all railroad crossings of streets and highways which
have existed continuously for twenty-five years shall be deemed
conclusively to have been properly authorized in so far as this section
is concerned. A railroad corporation may construct and maintain a
bridge for the purposes of its railroad, over any stream or lake within
this state, navigated as aforesaid, provided that the consent of the
commissioner of transportation be granted; and provided further, that in
case such waters are used as a part of the canal system, that the
consent of the commissioner of transportation be obtained. Every
railroad corporation which shall build its road along, across or upon
any stream, watercourse, street, highway, plank-road or turnpike, which
the route of its road shall intersect or touch, shall restore the stream
or watercourse, street, highway, plank-road and turnpike, thus
intersected or touched, to its former state, or to such state as not to
have unnecessarily impaired its usefulness, and any such highway,
turnpike or plank-road may be carried by it, under or over its track, as
may be found most expedient. In all cases where a railroad crosses a
highway at grade, the corporation owning or operating such railroad
shall construct and maintain a roadway at least sixteen feet wide. Such
roadway shall be constructed by planking, or equally serviceable
material for making a permanent road bed, which shall extend at least
one foot outside of the outside rails through and across the entire
space between the rails at such crossing. Where an embankment or cutting
shall make a change in the line of such highway, turnpike or plank-road
desirable, with a view to a more easy ascent or descent, it may
construct such highway, turnpike or plank-road, on such new line as its
directors may select, and may take additional lands therefor by
condemnation if necessary. Such lands so taken shall become part of such
intersecting highway, turnpike or plank-road, and shall be held in the
same manner and by the same tenure as the adjacent parts of the highway,
turnpike or plank-road are held for highway purposes. Every railroad
corporation shall pay all damages sustained by any turnpike or
plank-road corporation in consequence of its crossing or occupation of
any turnpike or plank-road and in case of inability to agree upon the
amount of such damages it may acquire the right to such crossing or
occupation by condemnation.