NY RR L § 93-B (2021)
2021 New York Laws RRD - Railroad Article 3 - Construction, Operation and Management 93-B - Maintenance and Removal of Highway-Railroad Separation Structures.

§   93-b.  Maintenance  and  removal  of  highway-railroad  separation   structures.  The responsibility of a railroad  corporation  to  maintain   and keep in repair highway-railroad separation structures as provided by   law  shall  not  terminate  upon  the  abandonment  of the railroad or a   portion  thereof,  but  such  responsibility,  with  respect  to   state   highways,  shall  continue  unless otherwise agreed upon by the railroad   corporation and the state, and shall continue with respect  to  highways   other  than state highways unless otherwise agreed upon by the governing   body or its designee, of the municipality having jurisdiction  over  the   highway,  until  the  separation  structure  is  removed  as hereinafter   provided.  When a structure remains which separates  a  highway  and  an   abandoned  railroad,  the  railroad,  or the transferee of the abandoned   railroad right-of-way when the transfer of such responsibility has  been   approved   by   the  commissioner,  and  the  state,  or  the  municipal   corporation having jurisdiction over the highway, may mutually agree  as   to  their  allocations  of the expenses of removal of the structures and   its supports and restoration of the highway. If  such  approval  is  not   obtained,  the  responsibility for maintenance and removal continue with   the railroad.  In the event that the interested parties  are  unable  to   agree  as  to  the necessity to remove a grade separation structure, the   manner of removal or the division of cost or the division of performance   of the removal work within one year after the date of the abandonment by   the railroad corporation, either such railroad or such transferee of the   railroad rights-of-way or the municipality having jurisdiction over  the   highway  may  petition  the  commissioner  to hold a hearing in order to   consider such matter. The commissioner upon receipt of such a  petition,   or  on  his own motion with respect to state highways, shall designate a   time and place for a hearing  to  consider  the  matter.  After  such  a   hearing has been held, the commissioner shall determine by order whether   it  is  in  the  public  interest  to  require  either removal of or the   retention of the structure and its supports, in whole or  in  part,  and   shall direct the manner of accomplishing any such removal and the manner   that the cost and expenses of any such removal or the performance of any   such removal work shall be divided. The division of cost to the railroad   or  transferee  shall  be limited to the cost of structure removal only,   including superstructure and substructure elements. Material so  removed   shall  become the property of the railroad, or the value gained from the   salvage disposition of such material shall be returned to the  railroad.   The cost of any embankment removal or placement, or highway restoration,   shall  be  borne  by  the  state,  or  the  municipal corporation having   jurisdiction over the highway. The decision of the commissioner rendered   in any proceeding under this section shall be communicated  after  final   hearing,  to the petitioner, the railroad corporation or transferee, the   municipal corporation and all other parties who appeared at said hearing   by counsel or in person. Any person aggrieved by such decision, and  who   was  a party to said proceeding, may within sixty days after the service   of such decision appeal therefrom  to  the  appellate  division  of  the   supreme  court  in  the department in which such separation structure is   located, and to the court of appeals, in the same manner and  with  like   effect  as  is  provided  in  the  case  of appeals from an order of the   supreme court.