N.Y. Railroad Law § 32

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