N.Y. RRD Law § 224

§ 224. Adoption of plans, and terms upon which road shall be built.\nThe commissioners by such public notice, and under such conditions, and\nwith such inducements as they may prescribe, shall invite a submission\nof plans for the construction and operation of such railroad, and shall\nmeet at a time and place in such notice named, not more than ninety days\nafter their organization, and decide upon the plans for the construction\nthereof, with the necessary supports, turnouts, switches, sidings,\nconnections, landing-places, stations, buildings, platforms, stairways,\nelevators, telegraph and signal devices, or other requisite appliances,\nupon the route or location determined upon by them. They shall, upon\nnotice to the local authorities, and after hearing all parties\ninterested, fix and determine what compensation, if any, in a gross sum,\nor in a certain percentage of receipts, shall annually be paid to the\nlocal authorities by the corporation formed for the purpose of\nconstructing, maintaining and operating such railroad for public use in\nthe conveyance of persons and property, for the use and occupation by\nthe corporation of the streets, avenues and highways in and upon which\nits railroad is to be constructed, and the time when such railroad, or a\nportion thereof, shall be constructed and ready for operation, and the\nmaximum rates to be paid for transportation and conveyance thereon, and\nthe hours during which special cars or trains shall be run at reduced\nrates of fare; and the amount of the capital stock of such corporation,\nand the number of shares into which it shall be divided, and the\npercentage thereof to be paid in cash on subscribing for such shares.\n The commissioners may select two or more routes, upon one of which\nsuch railroad may be constructed and operated; and the local authorities\nmay consent to the construction and operation of such railroad upon one\nor more of such routes, or parts thereof; and the commissioners shall\nhave power to change and re-adopt routes and plans for the construction\nand operation of such railroad after they have been submitted to the\nlocal authorities, in cases where such authorities may recommend such\nchanges, or may not be willing to consent to the construction or\noperation of the railroad upon the routes and plans adopted, unless such\nchanges are made therein.\n