NY Hwy L § 254 (2021)
2021 New York Laws HAY - Highway Article 9 - Bridges 254 - Acquisition of Certain Toll Bridges at the Expense of the State.

§  254.  Acquisition  of  certain  toll  bridges at the expense of the   state.   1. If a toll bridge  for  the  traffic  of  vehicles  and  foot   passengers  is  located  on  a state highway or constitutes a connecting   link between two state routes as  described  in  section  three  hundred   forty-one of this chapter, or constitutes a part of a state route and is   included  in  the  description thereof, or constitutes a connecting link   between improved state highways or constitutes a connecting link between   a state highway  heretofore  improved  and  a  state  highway  which  is   indicated  for improvement by section three hundred forty-one, the board   of supervisors of the county in which such bridge  is  situated,  or  if   situated  in  two  counties  the  boards of supervisors of such counties   concurrently,  may,  by   resolution,   petition   the   department   of   transportation  for the acquisition of such bridge by the state pursuant   to this section. Within ten days after the passage  of  such  resolution   the clerk or clerks of the board or boards of supervisors shall transmit   certified  copies  thereof  to the department of transportation together   with an estimate of the probable cost of acquiring the same and any data   in  relation  to  the  value  thereof  which  the  board  or  boards  of   supervisors may secure.2.  The  commissioner  of  transportation  shall  upon receipt of such   resolution or concurrent resolution, and within three months thereafter,   investigate  and  determine  whether  the  public  interest  demand  the   acquisition of such bridge by the state and shall also within said three   months  approve  or disapprove of such resolution and if such resolution   be approved shall prepare an estimate of the probable cost of  acquiring   such  bridge.  If  such  resolution  be  disapproved  the  department of   transportation shall certify its reason therefor to such board or boards   of supervisors.3. If it be  approved  the  department  of  transportation  is  hereby   authorized  and  empowered to agree with the corporation owning the said   bridge upon the compensation which shall be made  to  it  for  the  said   bridge  and  its  appurtenances,  its  franchises,  its  rights  for the   maintenance and use of said bridge, and any and all damage  which  shall   result  to  said  corporation so owning the said bridge by reason of the   taking of such structure, and such agreement shall be reduced to writing   and executed by the department of transportation  in  the  name  of  the   people  of  the state of New York and by the corporation owning the said   bridge, and filed in the office of the comptroller of the state  of  New   York.4.  In  the  event  that  no  agreement  is  reached  between the said   department of transportation and the corporation owning the said  bridge   for  such  purchase as aforesaid, the department of transportation shall   certify its approval to the attorney general and  transmit  to  him  the   estimate  made  by the department of transportation of the probable cost   of acquiring such toll bridge, franchises and rights, and the amount  of   any  and all damage incurred by such acquisition, together with all data   the department of transportation may have in its possession in  relation   thereto.5.  Upon  the  receipt  of  such  certificate of approval, if and when   sufficient money shall have been appropriated by the state therefor, the   attorney general shall acquire in the name of the people of the state in   accordance with the provisions of  the  eminent  domain  procedure  law,   title  to such bridge and the franchise therof; and, in such event, such   corporation shall have pursuant to the eminent domain procedure law  the   right  to prosecute in the court of claims which shall have jurisdiction   in the premises, any claim which it may have for damages for the takings   of its said property. 6.  The  amount  agreed  upon   between   the   said   department   of   transportation  and  the said corporation, pursuant to such agreement so   filed as aforesaid, or  if  no  agreement  be  reached,  the  amount  so   determined by the court, shall be paid by the department of taxation and   finance   upon  the  warrant  of  the  comptroller  out  of  the  moneys   appropriated for such purpose. Until payment to such corporation be made   after such agreement of the amount therein agreed to  be  paid  or  upon   acquisition,  unless the commissioner of transportation shall enter upon   and take possession of such property as provided by this section,  until   the  amount  so  determined  by  the court of claims in such acquisition   proceedings, the corporation owning the said bridge shall be entitled to   continue in possession and use thereof and of all the rights, privileges   and franchises enjoyed by it in  connection  therewith,  but  upon  such   payment  being  made  such  bridge  and  all  rights  and  franchises in   connection therewith shall become the property of the state of New  York   and  shall  be maintained by the state as a free bridge and as a part of   the state system of highways.7. If such bridge be acquired by the state pursuant  to  this  section   the  same  shall  not  be  used  except  as  hereinafter provided by any   railroad, telephone, gas, electric light, heat or power company  or  any   other  public  service  corporation  for  any  purpose  except upon such   reasonable terms and the payment of such reasonable rental to the  state   as  shall  be  determined by the department of transportation. The money   received therefor shall be paid into the  state  treasury  and  so  much   thereof  as  may  be  needed  appropriated  for  the maintenance of such   bridge. The provisions of this section, however, shall  not  affect  any   existing  contract  for the use of such bridge by any corporation except   that the compensation provided for such use in  such  existing  contract   shall be paid to the state.8.  Notwithstanding the provisions of this section, if any such bridge   be owned by a domestic corporation carrying on the business of operating   a  railroad  and  which  operates  cars  thereover,  the  department  of   transportation  in  entering into such agreement or the commissioners in   condemnation in  making  such  appraisal  and  fixing  such  damages  as   aforesaid  may  take  into  consideration  any bonds outstanding of such   corporation  which  may  have  been  authorized  by  the  department  of   transportation  or  the  predecessor  thereof,  to  be  issued  by  such   corporation for the purchase of said bridge and its  franchises  or  the   stock  of any corporation formerly owning the said bridge, and shall fix   and determine in making such appraisal the amount of any and all  damage   which will result to such corporation so owning such bridge by reason of   the  taking  of  the  said  bridge  and  its  rights  and  franchises in   connection therewith and such corporation when said  bridge  shall  have   been  acquired  and such compensation paid, and its successors, shall be   permitted to continue  to  use  said  structure  upon  payment  of  such   reasonable  rental  to  the state for such use as shall be determined by   the department of transportation, and  further  provided  that  if  such   corporation,  or any successor thereof, should desire to use other parts   or decks of such bridge or to make such use thereof as would require the   strengthening, reconstruction or  change  of  the  said  bridge  or  its   approaches,  or  the building of new approaches to the said bridge, such   corporation or its successors may make such use thereof and  strengthen,   reconstruct or make such changes in the said bridge or its approaches or   build  new approaches to the said bridge and use the same in such manner   upon filing with the department of transportation detailed plans for the   proposed new use thereof, or for the strengthening, reconstruction of or   changes in the said bridge or its approaches or for the building of  new   approaches  to  the said bridge, and upon obtaining the approval of such    use and plans by the department of transportation and  upon  payment  of   such  further reasonable rental to the state for any such additional use   of said structure or such approaches  as  shall  be  determined  by  the   department  of  transportation; provided further that the entire cost of   any such strengthening, reconstruction, additions or changes of the said   bridge or its approaches shall be paid exclusively  by  the  corporation   making  such use of said bridge and shall be deemed to be an expenditure   for capital purposes  of  such  corporation  paying  the  same  for  all   purposes  whatsoever. Any such corporation using such bridge at the time   of the acquisition thereof by the  state  shall  not  be  debarred  from   continuing  such  use  by reason of such acquisition; but the failure or   refusal to comply with such terms or to pay such  rental  shall  forfeit   the  right of such corporation to use such bridge, and the department of   transportation is hereby authorized and empowered to close  such  bridge   to the use of such offending corporation.9.  Any  act  or  failure  to  act  on  the  part of the department of   transportation as in this section provided shall be  reviewable  by  the   supreme   court  of  this  state  in  the  manner  provided  by  article   seventy-eight of the civil practice law and rules.