NY Rapid Trans L § 82 (2021)
2021 New York Laws RAT - Rapid Transit Article 7 - Connection, Extension and Relocation of Railroads Within the City of New York 82 - Relocation of Railroads.

§  82.  Relocation  of  railroads.   a. Upon application of any person   owning a railroad wholly or in part within the limits of the  city,  the   commission,  if in its judgment the public interests so demand, with the   approval of the board of estimate and the mayor, may fix  and  determine   the  route  upon  which  such  person may relocate its railroad, or some   specified portion thereof,  including  devices  and  appurtenances.  The   commission shall fix and determine the location and plan of construction   of such railroad or portion thereof as so relocated upon such new route,   the  times within which it shall be constructed upon such new route, and   such other terms, conditions and  requirements  as  to  such  commission   shall  appear  just and proper for the exercise of the franchise of such   person upon such new route. Such railroad or portion  thereof  with  the   devices and appurtenances when so relocated shall be held by such person   under  the  terms  and  privileges  of  his  franchise  except as may be   otherwise specified and agreed in such grant, in place of  the  railroad   or portion thereof as it existed prior to such relocation. Such railroad   or  portion  thereof theretofore existing prior to such relocation shall   thereupon be removed and all right to hold, maintain or operate it  upon   the  former  route,  except the portion if any thereof not so relocated,   shall cease. Provided, however, that the construction and  operation  of   such  railroad  or  portion  thereof as so relocated upon the new route,   fixed and determined by the commission as aforesaid, are authorized only   upon condition that the consent of the owners of one-half  in  value  of   the  property  bounded on, and the consent also of the board of estimate   and the mayor, be first obtained. In case the consent of  such  property   owners  cannot  be obtained, the appellate division of the supreme court   in the department in which such relocation is proposed, upon application   in the same  manner  and  on  the  same  notice,  specified  in  section   twenty-one  of  this  chapter, may appoint three commissioners who shall   determine after a hearing of all the  parties  interested  whether  such   proposed  relocated  railroad  ought  to be constructed or operated, and   their determination, confirmed by the court, may be taken in lieu of the   consent of the property owners.b. As part of the consideration for surrender by such  person  of  any   and  all  right  to maintain and operate its railroad or portion thereof   and the structures therefor upon any street in its  existing  route  and   the  grant  of  the  right  to  relocate, the grant may provide that the   expense of taking away the structure and restoring the  streets  and  of   reconstructing   the  structure  in  the  new  location,  including  the   acquisition of property necessary therefor, shall be borne by the person   or by the city or partly by the such person and partly by the city.  The   grant  may  provide  as  to the amounts of contributions therefor and by   whom and at what time such contributions shall be made.  The  grant  may   also  provide  as to the measure of compensation to be made for existing   railroad rights and structures and for such new  rights  and  structures   acquired  under  such  grant  or  for  either thereof, and the manner of   paying for them, as to the mode and manner of making and  carrying  into   effect  such  relocation  and the conditions upon which it is to be done   and how and when it shall take  place  and  be  completed  and  fix  the   details incident and necessary to the removal, abandonment or rebuilding   of  the  old  structure or any part thereof. If the public interests, in   the opinion of the commission shall justify the  provisions,  the  grant   may provide that the construction of any part of the railroad or portion   thereof  so  relocated  upon such new route included in such grant, with   the consent of the commission, may be suspended during the term of  such   grant  or  any part of such term, provided that during such term or part   of term there shall be available for use, in lieu of such  part  of  the   railroad  or  portion  thereof,  a  railroad  or a portion of a railroad    which, with the part of the railroad or a part of  the  portion  of  the   railroad  relocated  and  constructed  under  such  grant,  shall form a   continuous and convenient route.c. The grant may provide that in case the necessary consents have been   obtained  the  city shall itself in whole or in part construct, or shall   in whole or in part equip, the railroad or portion thereof as  relocated   upon  such new route, and in such case the commission, acting for and on   behalf of the city, as soon as such consents where necessary  have  been   obtained,  with the approval of the board of estimate and the mayor, may   enter into a contract with any person  which,  in  the  opinion  of  the   commission,  may  be  best  qualified to carry out such contract for the   construction or equipment of such railroad or portion thereof,  or  such   part  of  such  construction  or  equipment, for such sum of money to be   raised and paid out of the treasury of such city  as  provided  in  this   section  and  upon  such  terms  and  conditions as the commission shall   determine to be best for the public interests. The  commission,  in  its   discretion,  by  separate contracts executed from time to time or at the   same time, may contract with one or more persons for the performance  of   any  kind  of  work or any portion of the work, or for the furnishing of   any material, or for the performance  of  any  labor  necessary  for  or   incidental  to  the  construction  or  the equipment of such railroad or   portion thereof so relocated, or any  part  thereof,  which,  under  the   terms  of  such  grant, the city may be under obligation to construct or   equip.d. For the purpose of constructing or of equipping  such  railroad  or   portion thereof as relocated, for the construction or equipment of which   a  contract shall have been made by the commission as aforesaid, and for   the operation thereof when constructed, the commission for and on behalf   of the city may acquire by conveyance or  grant  to  such  city,  or  by   condemnation  or  other legal or other proceedings, any and all property   which in the opinion of the commission it shall be necessary to  acquire   or  extinguish  for  the purpose of constructing, equipping or operating   such railroad or portion thereof,  free  of  interference  or  right  of   interference,  in  the  same manner and to the same extent and with like   power and authority as provided in this chapter with  reference  to  the   acquisition  of  property  for  the  constructing  or  operating  of any   railroad for the construction or operation of  which  a  contract  shall   have  been  made  under  section  thirty-one  or  section  forty of this   chapter.e.  For  the  purpose  of  providing  the  necessary  means  for   the   construction  or  equipment  by  the city of any part of any railroad or   portion thereof relocated upon any such  new  route  and  the  necessary   means to pay for property rights which shall be acquired by the city for   the  purposes  of the construction or the equipment or for the operation   of such part of any railroad or portion thereof relocated upon such  new   route  hereunder  the  city, from time to time, and as the same shall be   necessary, and upon the requisition of such commission, shall make funds   available therefor and the proceeds of the same shall be  paid  out  and   expended  for  such purposes upon vouchers certified by such commission.   No contract for the construction  or  equipment  of  any  part  of  such   railroad or portion thereof to be so relocated upon such new route shall   be  made  unless  and  until  the  city shall have consented thereto and   prescribed a limit to the amount of money available for the purposes  of   this  section which shall be sufficient to meet the requirements of such   contract in addition to all expenses  theretofore  incurred  and  to  be   satisfied from such money.f.  A certificate shall be prepared by the commission, attested by its   seal and the signature of its presiding officer, setting forth in detail    the action taken by the commission with respect to  such  relocation  of   such   railroad  or  portion  thereof  and  the  terms,  conditions  and   requirements aforesaid. A like certificate shall  be  prepared  in  like   manner  upon  every  modification  of  the  terms  of the contract. Such   certificate shall be delivered to such person upon the receipt  by  such   commission  of  a  written  acceptance  of  such  terms,  conditions and   requirements duly executed by such person so as  to  entitle  it  to  be   recorded. Such certificate shall be filed in the office of the secretary   of state, and a duly certified copy thereof shall be filed in the office   of  the  clerk  of each county to which the privilege granted thereunder   shall pertain.g. Upon the filing of such certificate and upon  fulfillment  by  such   person,  so  far  as  it  relates to such relocation of such railroad or   position thereof of such of  the  requirements  and  conditions  as  are   necessary  to  be  fulfilled  in  such  cases under section seventeen of   article three of the constitution, and upon fulfillment by  such  person   of  such  other  terms,  conditions  and requirements enumerated in such   certificate as the commission may require to be fulfilled as a condition   precedent to commencing such work, such person,  in  such  cases,  shall   possess  in  addition  to its already existing franchises all the powers   conferred  by  this  chapter  upon  corporations  with  respect  to  the   railroads  authorized  to  be relocated as aforesaid. When any route for   the relocation of such railroad or portion thereof shall be so fixed and   determined, and a certificate as aforesaid shall have been  duly  filed,   such person may construct such railroad or portion thereof upon such new   route,  with  all the rights and with like effect as though the same had   been a part of the original  route  of  such  railroad  then  in  actual   operation,  except  as  may be otherwise provided in such certificate. A   franchise, right or authority shall not be granted under this section to   relocate any railroad or portion thereof for a longer  period  than  the   unexpired  term  of  the  original  grant,  franchise or contract of the   railroad, and any renewal thereof contained  in  such  contract,  as  to   which railroad or portion thereof such relocation may be authorized. Any   such  franchise,  right  or  authority  granted  hereunder shall also be   subject to be terminated by the city in like manner and under  the  same   terms  and  conditions  and  at the same time as may be provided in such   original grant or contract for the termination or taking by the city  of   that grant, if provision therefor be made thereunder.h.  Such certificate when delivered and accepted by such person, shall   be deemed to constitute a contract between such  city  and  such  person   according  to  the  terms  of  such  certificate. Such contract shall be   enforceable by the commission, acting in the name of and  in  behalf  of   such city, or by such person according to the terms thereof, but subject   to the provisions of this chapter. The terms of such contract, from time   to  time,  with  the  consent  of  such  person,  may be modified by the   commission.i. A grant,  certificate  or  contract  resulting  therefrom,  or  any   modification  thereof,  shall  be  invalid  unless first approved by the   board of estimate and the mayor.j. Whenever any railroad or portion thereof is to be removed from  any   street  and  relocated  on property, including existing railroad tracks,   structures,  equipment,  and  appurtenances  thereof,  acquired  by  and   belonging  to  the city or held by or for it and used for bridge, bridge   approach, plaza or railroad or other purposes, the  provisions  of  this   section   shall   be   applicable   to   such  removal  and  relocation.   Notwithstanding the provisions of any charter or administrative code  of   such city or of any other act or law general, special or local or of any   local  law  of  such  city, any and all property rights in such property    including  existing   railroad   tracks,   structures,   equipment   and   appurtenances  thereof  constructed thereon or to be constructed thereon   under any such plan for such relocation may  be  granted  under  and  in   accordance  with  the  provisions of this section as may be necessary or   convenient to carry out such relocation in accordance with the terms  of   such grant.