§ 223. Determination of necessity of railroad and route. The
commissioners shall, within thirty days after such organization,
determine upon the necessity of such steam railroad, and if they find it
to be necessary, they shall, within sixty days after such organization,
fix and determine the route therefor, and shall have the exclusive power
to locate such route, over, under, through or across the streets,
avenues, places or lands in such county or city, and to provide for the
connection or junction with any other railroad or bridge, if the consent
of the owners of one-half in value of the property bounded on and the
consent of the local authorities having control of that portion of a
street or highway upon which it is proposed to construct or operate such
railroad have been first obtained. If the consent of such property
owners can not be obtained, the determination of three commissioners
appointed by the appellate division of the supreme court of the
department where the railroad is to be constructed, made after due
hearing of all parties interested, and confirmed by the court, that such
railroad ought to be constructed and operated, may be taken in lieu of
the consent of such property owners. No such railroad shall be located
in or upon such portion of any street, avenue, place or lands in such
county as are now occupied by an elevated or underground railroad or in
which such a railroad has already been authorized by law to be so
located and constructed, or which are contained in public parks, or
occupied by buildings belonging to the county or the state or the United
States, or in or upon the following streets, avenues and public places,
viz.: Broadway, Fifth avenue, Fourth avenue above Forty-second street,
in the borough of Manhattan, city of New York; Debevoise place, Irving
place, Lefferts place, those portions of Grand, Classon and Franklin
avenues and Downing street lying between the southerly line of Lexington
avenue and the northerly line of Atlantic avenue, that portion of
Classon avenue lying between the northerly line of Lexington avenue and
the southerly line of Park avenue, and that portion of Washington avenue
lying between Park and Atlantic avenues in the borough of Brooklyn; and
that portion of the city of Buffalo lying between Michigan and Main
streets; but such railroad may be located and constructed across such
excepted streets, avenues and places only at their intersection with
other streets, avenues and places.