N.Y. TRA Law § 14-D — New York Code / Act TRA / Article 2 / Section 14-D
Rail service preservation
Status: in_force

§ 14-d. Rail service preservation. 1. Authorization is hereby given to\nthe commissioner of transportation:\n  a. to acquire, by purchase, gift, grant, transfer, contract or lease,\nany rail transportation facility with the state, or any part thereof, or\nthe use thereof, and to utilize any such rail transportation facility,\nor any property acquired pursuant to the provisions of section eighteen\nof this chapter, for the purposes of rail transportation service thereon\nor therewith;\n  b. to enter into contracts with any person, firm, corporation or\nagency, including but not limited to any railroad company, state agency,\nthe federal government, the Canadian government, any other state or\nagency or instrumentality thereof, any public authority of this or any\nother state, or any political subdivision or municipality of the state,\nfor the purpose of providing, maintaining and improving rail\ntransportation service on the rail transportation facilities thereof;\n  c. to sell, lease or otherwise contract for the utilization of any\nrail transportation facilities, or portion thereof, owned or acquired\npursuant to this section or pursuant to section eighteen of this\nchapter, for the purpose of providing for, maintaining and improving\nrail transportation service thereon.\n  * d. to acquire by eminent domain, pursuant to the eminent domain\nprocedure law and section thirty of the highway law, any property,\nproperty rights or property interests, including easements, air rights\nand subsurface rights, whether or not now or previously designated as\nparkland, or otherwise dedicated to a public use as parkland,\n(hereinafter "property interests"), and, provided with respect to real\nproperty now or previously designated as parkland, just compensation\ntherefor shall be calculated as an amount equal to the appraised fair\nmarket value of the parkland being discontinued, and further provided\nonly to the extent that such property interests are, in the judgement of\nthe commissioner, necessary for the construction, use, occupancy,\noperation, and maintenance of an airport access mass transit facility\nfor LaGuardia airport via elevated guideway, and related ancillary\nfacilities for airport access mass transit maintenance, parking for\npersons using the airport access mass transit facility and additional\nlimited purposes directly related to operation of an airport access mass\ntransit project, temporary laydown and construction areas, and air\nrights and subsurface rights related to an elevated guideway, including\nappropriate entry and exit points for users of the airport access mass\ntransit facility and any property interests necessary for an adjustment\nof the piers supporting the pedestrian bridges crossing the Grand\nCentral Parkway to maintain accessibility, and any vehicle entry and\nexit points to the Grand Central Parkway located along either side of\nthe corridor, in all cases running along a route from LaGuardia airport\non or near the Grand Central Parkway, thence along the edge of the Citi\nField parking lot previously alienated for stadium use, next alongside\nthe existing elevated track for the No. 7 subway and terminating at\nsubway rail yards and other transportation staging and storage areas\nwithin a corridor more specifically defined pursuant to section three\nhundred forty-nine-g of the highway law; and to utilize, or sell, lease,\ncontract, or otherwise transfer the acquired property interests together\nwith property interests it otherwise holds and/or grant easements,\nlicenses, permits, concessions or other authorizations, to the Port\nAuthority of New York and New Jersey to facilitate the construction\n(including temporary laydown), and permanent use, occupancy, operation,\nand maintenance of the airport access mass transit facility, related\nancillary facilities for airport access mass transit maintenance,\nparking for persons using the airport access mass transit facility and\nadditional limited purposes directly related to operation of an airport\naccess mass transit project; provided however, this subdivision does not\nauthorize acquisition of property interests for a self-standing facility\nconstructed to house premises for automobile rental operations.\n  * NB Repealed June 25, 2028 only if no property interests have been\nacquired pursuant to chapter 78 of 2018\n  2. The commissioner, may, subject to the concurrence of the director\nof the budget:\n  a. Operate, maintain, renovate, repair, improve, extend or establish\nany rail transportation facility or any related services and activities,\nor may provide therefor by contract, lease or other arrangement with any\nperson, firm, corporation or agency, including but not limited to any\nrailroad company, state agency, the federal government, the Canadian\ngovernment, any other state or agency or instrumentality thereof, any\npublic authority of this or any other state, or any political\nsubdivision or municipality of the state.\n  b. Enter into joint service agreements on behalf of the state with any\nrailroad company, and any other state department or agency, the federal\ngovernment, the Canadian government, any other state or agency or\ninstrumentality thereof, any public authority of this state or any other\nstate, or any political subdivision or municipality of the state,\nrelating to property, buildings, structures, facilities, services,\nrates, fares, classifications, dividends, allowances or charges, or\nrules or regulations pertaining thereto, for or in connection with or\nincidental to transportation in part upon rail transportation facilities\nprovided pursuant to this section.\n  c. Acquire by purchase, gift, grant, transfer, contract or lease any\nrail transportation facility, or any part thereof, necessary for or\nincidential to the effectuation of the purposes of this section.\n  d. Utilize federal monies available or which may become available to\nthe state for the purpose of effectuating the provisions of this section\nand enter into any necessary agreements required to meet federal\nstandards and criteria in connection therewith.\n  e. Establish, levy and collect or cause to be established, levied and\ncollected and, in the case of a joint service arrangement, join with\nothers in the establishment, levy and collection of such fares, tolls,\nrentals, rates, charges and other fees as he may deem necessary,\nconvenient or desirable for the use and operation of any such rail\ntransportation facility and related services.\n  f. Sell, transfer, lease or contract for the sale, transfer or lease\nof any rail transportation facility, or any part thereof, necessary for\nor incidental to the effectuation of the purposes of this section.\n  g. Do all things necessary, convenient or desirable to carry out the\npurposes of this section.\n  3. For the purposes of this section, the term "rail transportation\nfacility" shall include railroad rights of way as well as trackage,\nrails, cars, locomotives, rolling stock, signal, power, fuel,\ncommunication and ventilation systems, power plants, stations,\nterminals, storage yards, repair and maintenance shops, yards, equipment\nand parts, offices, and other incidental real estate or personalty used\nor held for or incidental to the operation, rehabilitation or\nimprovement of any railroad operating rail passenger or rail freight\ntransportation services, or to operate such services, including, but not\nlimited to buildings, structures and rail property.\n  4. Notwithstanding the provisions of any other general special or\nlocal law, expenses of the department of transportation incurred in\nconnection with the provision of rail transportation services as\nauthorized by this section, may, with the approval of the director of\nthe budget, be paid out of the gross revenues, if any, received pursuant\nto the authorization herein contained. All other revenues surplus to\nthese expenses shall be paid into the state treasury to the credit of\nthe general fund.\n