§ 9. Certificate of convenience and necessity. No railroad corporation
formed after May eighteenth, eighteen hundred and ninety-two, under the
laws of this state shall exercise the powers conferred by law upon such
corporations or begin the construction of its road until the directors
shall cause a copy of the original certificate of incorporation to be
published in one or more newspapers in each county in which the road is
proposed to be located, at least once a week for three successive weeks,
and shall file satisfactory proof thereof with the commissioner; nor
until the commissioner shall certify that the foregoing conditions have
been complied with, and also that public convenience and a necessity
require the construction of said railroad as proposed in said
certificate of incorporation. The foregoing certificate shall be applied
for within six months after the completion of the three weeks'
publication hereinbefore provided for. If a certificate is refused no
further proceedings shall be had before said commissioner, but the
application may be renewed after one year from the date of such refusal.
Prior to granting or refusing said certificate the commissioner shall
have a right to permit errors, omissions or defects to be supplied and
corrected. After a refusal to grant such certificate the commissioner
shall certify a copy of all maps and papers on file in its office and of
the findings of the commissioner when so requested by the directors
aforesaid. Such directors may thereupon present the same to the
appellate division of the supreme court of the department within which
said road is proposed in whole or in part to be constructed, and said
appellate division shall have power, in its discretion, to order said
commissioner, for reasons stated, to issue said certificate, and it
shall be issued accordingly. Such certificate shall be filed in the
office of the department of state, and a copy thereof, certified to be a
copy by the secretary of state, or his deputy, shall be evidence of the
fact therein stated. Nothing in this section shall prevent any such
railroad corporation from causing such examinations and surveys for its
proposed railroad to be made as may be necessary to the selection of the
most advantageous route; and for such purpose by its officers or agents
and servants, entering upon the lands or water of any person, but
subject to the responsibility for all damages which shall be done
thereto. The certificate provided for in this section shall not
dispense with the permission and approval provided for in section one
hundred twenty-seven of the transportation law.