§ 32. Individual, joint-stock association, or other corporation may
lay down and maintain railroad tracks in certain cases. Any individual,
joint-stock association or corporation, engaged in any lawful business
in this state, may, except in any city of the state, lay down and
maintain such railroad tracks on or across any street or highway, not
exceeding three miles in length, as shall be necessary for the
transaction of its business, and to connect any place of business owned
by them with the track of any railroad corporation, and render such
place of business more accessible to the public, upon obtaining the
written consent of the owners of all the lands bounded on and of the
local authorities having control of that portion of the street or
highway, upon which it is proposed to construct or operate such
railroad. If the consent of such property owners can not be obtained,
the appellate division of the supreme court of the department in which
such railroad is to be constructed, may upon application appoint three
commissioners, who shall determine, after a hearing of all parties
interested, whether such railroad ought to be constructed or operated,
and the amount of damages, if any, to be paid to such property owners,
and their determination confirmed by the court may be taken in lieu of
the consent of the property owners. But no such railroad shall be so
located, graded, built or operated as to interfere with or obstruct the
traveled part of any highway, or its use as a highway, or the use of any
street or highway intersecting the same.