NY RR L § 92 (2021)
2021 New York Laws RRD - Railroad Article 3 - Construction, Operation and Management 92 - Acquisition of Land, Right or Easement in Crossing.

§  92.  Acquisition  of  land,  right  or  easement  in  crossing. The   commissioner of transportation may  acquire  in  the  same  manner  that   property  and  rights  therein  are  acquired for state highway purposes   pursuant to the highway law, or may  direct  the  municipal  corporation   having  jurisdiction  over  the  street,  avenue, highway or road and in   which the crossing is located, to acquire any lands, rights or easements   necessary or required for the purpose of carrying out the provisions  of   sections  ninety  and  ninety-one.  In  the  event  that  such municipal   corporation is directed to acquire such lands, rights or  easements,  it   shall  do  so by purchase, with the approval of the railroad corporation   and the commissioner of transportation, but if unable  to  do  so  shall   acquire  such  lands, rights or easements pursuant to the eminent domain   procedure law, under the charter of or other special act  applicable  to   such  municipal  corporation  or,  in  the  case of a county to which no   special act is applicable, of  sections  one  hundred  eighteen  to  one   hundred  twenty-four, inclusive, of the highway law.  The railroad shall   have notice of any such proceedings and the right to be heard therein.The owner or owners of any claim for the value  of  property  acquired   pursuant to the highway law, where a claim has been filed with the court   of  claims,  shall  cause  a  copy  of  such claim to be served upon the   municipal corporation and the railroad corporation  and  such  municipal   corporation  and  railroad  corporation shall have the right to be heard   before said court. No adjustment of claim pursuant to such law shall  be   effective  without  the  approval  of  the municipal corporation and the   railroad corporation. The cost of lands, rights  or  easements  acquired   for  the purposes of this section shall be considered a part of the cost   of the project and shall  be  apportioned  in  the  manner  provided  in   section ninety-four.After acceptance of the completed work, the railroad corporation shall   make an application to the commissioner of transportation for conveyance   to  it  of any lands, rights or easements, acquired by said commissioner   as aforesaid, and/or any other lands, rights or easements owned  by  the   state  which  lands,  rights  or easements are under the jurisdiction of   said commissioner and which are used to accomplish the purposes of  this   section,  necessary  for  the  proper  operation  and maintenance of the   railroad. If it shall appear to the commissioner of transportation  that   such  application  is  reasonable and the lands, rights or easements are   necessary for the proper operation and maintenance of such railroad  and   such  lands,  rights or easements are not necessary for highway, road or   street purposes, said commissioner shall grant and  convey  such  lands,   rights  or  easements  to  such railroad corporation upon such terms and   conditions as he may prescribe. The commissioner of transportation shall   direct the municipal corporation to convey and the municipal corporation   shall convey to the railroad corporation such lands, rights or easements   necessary for the proper operation and maintenance of the railroad which   the municipal corporation has acquired for  purposes  of  this  section.   Lands,  rights or easements which the commissioner of transportation has   acquired for construction of a project pursuant to this  section,  other   than  those necessary for the operation and maintenance of the railroad,   shall be conveyed  by  said  commissioner  to  the  municipality  having   jurisdiction  over  the  street,  avenue,  highway  or road on which the   crossing is located. The commissioner of transportation  in  determining   the  shares  of  the respective parties in the cost of the project shall   take into consideration the value of  all  lands,  rights  or  easements   conveyed hereunder.