NY Hwy L § 22 (2021)
2021 New York Laws HAY - Highway Article 2 - Commissioner of Transportation 22 - Multi-Use Areas Adjacent to and Recreational, Natural and Scenic Areas Along State Highways.

§ 22. Multi-use areas adjacent to and recreational, natural and scenic   areas along state highways. The commissioner of transportation is hereby   authorized  and  empowered  to  acquire  property  in  order  to provide   multi-use areas adjacent to state highways and recreational, natural and   scenic areas along, but not necessarily contiguous to,  state  highways,   except  that the commissioner may acquire property anywhere in the state   for the purpose of constructing bikeways. Such multi-use  areas  may  be   utilized  for,  but not limited to walking, hiking, bicycle, trail-bike,   recreational vehicle and  snowmobile  trails  and  the  installation  of   public  utilities.  Such  acquisitions  shall constitute a state highway   purpose. Property acquired for multi-use  areas  shall  be  such  as  to   complement  the  highway  facilities  by  providing  the multi-use areas   adjacent to the highway facilities. Property acquired for  recreational,   natural and scenic areas along, but not necessarily contiguous to, state   highways  shall  consist  of predominantly unimproved, natural or scenic   areas  suitable  to  serve  the  recreational  needs  of  the  expanding   population  of the state, or desirable to preserve the natural or scenic   resources  of  the  state,  and  shall  lend  itself   to   restoration,   preservation or enhancement as a recreational, natural or scenic area or   provides   visual   access  from  the  highway  to  such  an  area.  The   commissioner is hereby authorized to  undertake  work  of  construction,   improvement,  restoration, preservation or enhancement of such areas and   the expense of such work may be a proper charge against funds  available   for  the  construction,  reconstruction,  improvement  or maintenance of   state  highways.  The  commissioner  shall   submit   plans   for   such   acquisitions  and  work to the department of state, the office of parks,   recreation and historic preservation and the department of environmental   conservation for review and recommendation prior  to  such  acquisitions   and   work  being  undertaken.  Such  acquisitions  and  work,  and  any   agreements entered into in connection therewith, shall not be undertaken   unless approved by the director of the  budget.  Such  acquisitions  and   work  in  multi-use  areas  may  be  undertaken  pursuant  to  a written   agreement with a person,  firm,  corporation,  public  authority,  city,   county,  town,  village,  or state department or agency, which agreement   shall provide for the  funding  of  such  acquisitions  and  work.  Such   acquisitions  and  work  in recreational, natural or scenic areas may be   undertaken in cooperation with other state departments or  agencies  and   provision  shall  be made for the funding of such acquisitions and work.   Any real  property  which  the  commissioner  deems  necessary  for  the   purposes  of  this section may be acquired and disposed of by him in the   name of the people of the state of New York according to  the  procedure   provided in this chapter for the acquisition and disposition of property   for  state  highway  purposes. The provisions of this chapter shall also   control the meaning of property as used  herein,  the  manner  in  which   possession  of such property may be obtained and the circumstances under   the procedure by which it may be sold or exchanged. Adjusted claims  for   such acquisition and awards and judgments of the court of claims made in   respect  thereto  shall  be  paid  out of the state treasury from moneys   available for the purposes  of  this  section.  All  state  departments,   agencies,  counties,  towns  and villages are hereby authorized to enter   into agreements with the commissioner of transportation for the purposes   of this section.When a bikeway constructed on property acquired in accordance with the   provisions of this section must cross a railroad, it shall be  deemed  a   public  crossing.  If  the  commissioner  shall  determine  that  it  is   impracticable to construct such bikeway above the grade of the railroad,   the commissioner shall determine the manner and method  of  crossing  at   grade and what safeguards shall be maintained. The commissioner is hereby authorized to provide for the separation of   such   bikeway-railroad   crossing   or   for   the  construction  of  a   bikeway-railroad crossing at grade. The cost  of  construction  of  such   separation  facilities  or  grade  crossings, including the cost of such   crossing protection as is ordered by the commissioner, shall be a proper   charge  against  funds  available  for the construction, reconstruction,   improvement or maintenance of state highways.Upon completion of construction, the bikeway-railroad  crossing  shall   be maintained as follows:The  grade  crossing surface shall be maintained and kept in repair by   the railroad for the width of the crossing as constructed,  between  the   rails  and  for  a distance of two feet either side or outer rail at the   crossing. The railroad shall  also  maintain  and  keep  in  repair  any   protective devices installed by the railroad at the crossing.Notwithstanding the provisions of section ninety-three of the railroad   law, bikeway-railroad separation structures constructed pursuant to this   section  shall  be maintained and kept in repair by the state department   or  agency,  public  authority  or  municipality  responsible  for   the   maintenance of the bikeway.The  commissioner  is  hereby  authorized  to  submit  plans  for such   acquisitions and work to the chief engineer of the railroad  crossed  by   the  bikeway  for  review  and  recommendation  prior to such work being   undertaken and the  commissioner  may  enter  into  agreement  with  the   railroad  for  the  entry  upon  lands  owned  by  the railroad, for the   construction of the bikeway-railroad crossing and for the  reimbursement   to  the  railroad for all construction cost incurred by the railroad, in   the same manner as is used in connection with the construction of  state   highways.In  the  event  the  commissioner and the railroad are unable to agree   upon the terms of such agreement, the procedure for  the  resolution  of   such  disagreement  as  outlined in subdivision twenty-four-c of section   ten of this article shall apply.