N.Y. RRD Law § 191

§ 191. Road not to be constructed upon ground occupied by public\nbuildings or in public parks. No street surface railroad shall be\nconstructed or extended upon ground occupied by buildings belonging to\nany town, city, county or to the state, or to the United States, or in\npublic parks, except in tunnels to be approved by the local authorities\nhaving control of such parks. Provided, however, that the commissioners\nof the state reservation at Niagara, by and with the consent of the\ncommissioners of the land office, may construct, without expense to the\nstate, street railroad tracks upon and along that part of the riverway,\nso called, between Falls and Niagara streets, in the city of Niagara\nFalls, and in their discretion may grant revocable licenses to street\nsurface railroad companies to use such tracks upon such terms as said\ncommissioners may prescribe. And provided, further, that a street\nrailroad may be constructed or extended upon a route or routes with a\nright of way not exceeding fifty feet in width in the Pelham Bay park in\nthe city of New York, said route or routes to be designated and fixed by\nthe board of estimate and apportionment of said city, with the approval\nof the park board of said city, and shall constitute the most direct,\nappropriate route or routes in the opinion of said board of estimate and\napportionment and said park board, but no such street surface railroad\nshall be constructed or extended until a franchise or right therefor\nshall have been granted by said board of estimate and apportionment,\npursuant to the statutes relating to the granting of such franchises or\nrights, and requiring adequate compensation therefor, and no company or\ncorporation shall be given the exclusive right to operate a street\nsurface railroad upon such route or routes, and no such street surface\nrailroad shall be constructed at grade upon, along or across any of the\nexisting or proposed streets, highways, driveways, parkways or park\nwalks within the limits of said park.\n