§ 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.