NY Transp L § 224 (2021)
2021 New York Laws TRA - Transportation Article 10 - Grade Crossing Elimination 224 - Statement of Expenses; Filing; Reimbursement of State for Railroad Improvements.

§ 224. Statement  of  expenses;  filing;  reimbursement  of  state for   railroad improvements. Upon the determination of the commissioner of (1)   the cost of such elimination including incidental improvements connected   therewith; (2) the cost of such elimination exclusive of such incidental   improvements; (3) the cost of the railroad improvements not an essential   part of the elimination; (4) the  amount  of  the  net  benefit  to  the   railroad  company  from  the  elimination  exclusive  of  such  railroad   improvements; and (5) if two or more railroad companies be affected, the   proportionate share of such  net  benefit  to  be  borne  by  each,  the   commissioner  shall  cause  to  be  prepared, and filed in his office, a   statement thereof, with a certified copy of such  statement  filed  with   the  comptroller and railroad company affected. The amount determined to   be the cost of railroad improvements  not  an  essential  part  of  such   elimination,  together with such charges therefor as the comptroller may   legally impose, including interest at the rate payable by the  state  on   any  bonds  from the proceeds of which the project has been financed or,   if and to the extent otherwise financed,  at  such  rate  not  exceeding   seven and one-half per centum as the comptroller may determine, shall be   repaid to the state forthwith upon demand by the comptroller. The amount   of  the  net  benefit to a railroad company from an elimination shall be   repaid to the state by such railroad company at such times and  in  such   manner as may be determined by the comptroller together with interest at   the  rate  payable  by the state on any bonds from the proceeds of which   the project has been  financed  or,  if  and  to  the  extent  otherwise   financed,  at  such  rate not exceeding seven and one-half per centum as   the comptroller may determine, within a period  of  not  to  exceed  ten   years from the date of the commissioner's determination, but in no event   shall  the  total  amount  of such repayments, exclusive of interest and   such additional charges as may be legally imposed  by  the  comptroller,   exceed  fifteen  per centum of the expense of such elimination exclusive   of all incidental improvements.Notwithstanding the preceding paragraph, the commissioner may, at  any   time  after  the  work  of  an  elimination has been commenced, direct a   hearing for the purpose of determining the cost, or a  portion  thereof,   of  railroad improvements not an essential part of such elimination, and   the amount so determined shall be immediately repayable to the state  in   the manner above provided.In  the event of the failure or refusal of the railroad company or the   successor thereof, to pay the amount or amounts  specified  and  at  the   times  prescribed,  or  in  the  event  of  dissolution of such railroad   company or successor, the entire indebtedness of such company in process   of dissolution shall become immediately due and payable and  the  amount   or amounts so due and payable may be recovered as follows:The  comptroller  may certify the amount or amounts so due and payable   to the governing body of the county or counties in which the crossing is   located, whereupon, it shall be the  duty  of  such  governing  body  to   apportion  the  amount  or amounts so certified to the several towns and   cities in such county according to the assessed valuation  of  the  real   property  of  such  railroad  company  or  the successor thereof in such   respective towns  and  cities  and  to  place  the  several  amounts  so   apportioned  on the respective assessment rolls of such towns and cities   and to issue  its  warrant  or  warrants  for  the  collection  thereof.   Thereupon  it  shall  become  the  duty of such towns and cities through   their appropriate officers to collect the respective several amounts  so   apportioned  in  the  same  manner  as other taxes are collected in such   towns and cities and when collected  to  pay  the  same  to  the  county   treasurer of such county who shall thereupon pay the same into the state   treasury. Any amount so levied shall thereupon become and be a first and    paramount  lien  upon  all real property of such railroad company or the   successor thereof within such respective towns and cities.All  moneys  received  by  the  comptroller from a railroad company in   payment of the amounts due the state from such company as  the  cost  of   railroad  improvements  not  an  essential part of an elimination or the   amount of net benefit for such railroad company shall be credited to the   grade crossing elimination debt fund, established by section  ninety-six   of the state finance law.Upon  the  completion of work on the railroad tracks or other railroad   facilities which has been performed by the railroad  company  forces  at   the  direction of the commissioner, there shall be an accounting and the   commissioner shall certify to the comptroller the amount of the  payment   which is due from the state to such railroad company. Such payment shall   be  made out of the state treasury to such railroad company on vouchers,   approved by  the  commissioner,  upon  the  audit  and  warrant  of  the   comptroller.  From  time  to time, prior to the completion of such work,   intermediate accountings may be had and payments  made  thereon  in  the   same manner as the final accounting.