2023 New York Laws › TRA - Transportation › Article 2 - Powers, Duties and Jurisdiction of the Department of Transportation › 14-D - Rail Service Preservation.

§ 14-d. Rail service preservation. 1. Authorization is hereby given to
  the commissioner of transportation:
a.  to acquire, by purchase, gift, grant, transfer, contract or lease,
  any rail transportation facility with the state, or any part thereof, or
  the use thereof, and to utilize any such rail  transportation  facility,
  or  any property acquired pursuant to the provisions of section eighteen
  of this chapter, for the purposes of rail transportation service thereon
  or therewith;
b. to enter into contracts  with  any  person,  firm,  corporation  or
  agency, including but not limited to any railroad company, state agency,
  the  federal  government,  the  Canadian  government, any other state or
  agency or instrumentality thereof, any public authority of this  or  any
  other  state, or any political subdivision or municipality of the state,
  for  the  purpose  of  providing,   maintaining   and   improving   rail
  transportation service on the rail transportation facilities thereof;
c.  to  sell,  lease  or otherwise contract for the utilization of any
  rail transportation facilities, or portion thereof,  owned  or  acquired
  pursuant  to  this  section  or  pursuant  to  section  eighteen of this
  chapter, for the purpose of providing  for,  maintaining  and  improving
  rail transportation service thereon.
* d.  to  acquire  by  eminent  domain, pursuant to the eminent domain
  procedure law and section thirty  of  the  highway  law,  any  property,
  property  rights  or property interests, including easements, air rights
  and subsurface rights, whether or not now or  previously  designated  as
  parkland,   or   otherwise  dedicated  to  a  public  use  as  parkland,
  (hereinafter "property interests"), and, provided with respect  to  real
  property  now  or  previously  designated as parkland, just compensation
  therefor shall be calculated as an amount equal to  the  appraised  fair
  market  value  of  the parkland being discontinued, and further provided
  only to the extent that such property interests are, in the judgement of
  the  commissioner,  necessary  for  the  construction,  use,  occupancy,
  operation,  and  maintenance  of an airport access mass transit facility
  for LaGuardia airport  via  elevated  guideway,  and  related  ancillary
  facilities  for  airport  access  mass  transit maintenance, parking for
  persons using the airport access mass transit  facility  and  additional
  limited purposes directly related to operation of an airport access mass
  transit  project,  temporary  laydown  and  construction  areas, and air
  rights and subsurface rights related to an elevated guideway,  including
  appropriate  entry  and exit points for users of the airport access mass
  transit facility and any property interests necessary for an  adjustment
  of  the  piers  supporting  the  pedestrian  bridges  crossing the Grand
  Central Parkway to maintain accessibility, and  any  vehicle  entry  and
  exit  points  to  the Grand Central Parkway located along either side of
  the corridor, in all cases running along a route from LaGuardia  airport
  on  or near the Grand Central Parkway, thence along the edge of the Citi
  Field parking lot previously alienated for stadium use,  next  alongside
  the  existing  elevated  track  for  the No. 7 subway and terminating at
  subway rail yards and other transportation  staging  and  storage  areas
  within  a  corridor  more specifically defined pursuant to section three
  hundred forty-nine-g of the highway law; and to utilize, or sell, lease,
  contract, or otherwise transfer the acquired property interests together
  with property interests  it  otherwise  holds  and/or  grant  easements,
  licenses,  permits,  concessions  or  other  authorizations, to the Port
  Authority of New York and New  Jersey  to  facilitate  the  construction
  (including  temporary laydown), and permanent use, occupancy, operation,
  and maintenance of the airport access  mass  transit  facility,  related
  ancillary  facilities  for  airport  access  mass  transit  maintenance,
  parking for persons using the airport access mass transit  facility  and

  additional  limited purposes directly related to operation of an airport
  access mass transit project; provided however, this subdivision does not
  authorize acquisition of property interests for a self-standing facility
  constructed to house premises for automobile rental operations.
* NB  Repealed  June  25, 2028 only if no property interests have been
  acquired pursuant to chapter 78 of 2018
2. The commissioner, may, subject to the concurrence of  the  director
  of the budget:
a.  Operate,  maintain, renovate, repair, improve, extend or establish
  any rail transportation facility or any related services and activities,
  or may provide therefor by contract, lease or other arrangement with any
  person, firm, corporation or agency, including but not  limited  to  any
  railroad  company,  state  agency,  the federal government, the Canadian
  government, any other state or agency or  instrumentality  thereof,  any
  public   authority  of  this  or  any  other  state,  or  any  political
  subdivision or municipality of the state.
b. Enter into joint service agreements on behalf of the state with any
  railroad company, and any other state department or agency, the  federal
  government,  the  Canadian  government,  any  other  state  or agency or
  instrumentality thereof, any public authority of this state or any other
  state, or any  political  subdivision  or  municipality  of  the  state,
  relating  to  property,  buildings,  structures,  facilities,  services,
  rates, fares, classifications,  dividends,  allowances  or  charges,  or
  rules  or  regulations  pertaining thereto, for or in connection with or
  incidental to transportation in part upon rail transportation facilities
  provided pursuant to this section.
c. Acquire by purchase, gift, grant, transfer, contract or  lease  any
  rail  transportation  facility,  or  any  part thereof, necessary for or
  incidential to the effectuation of the purposes of this section.
d. Utilize federal monies available or which may become  available  to
  the state for the purpose of effectuating the provisions of this section
  and  enter  into  any  necessary  agreements  required  to  meet federal
  standards and criteria in connection therewith.
e. Establish, levy and collect or cause to be established, levied  and
  collected  and,  in  the  case of a joint service arrangement, join with
  others in the establishment, levy and collection of such  fares,  tolls,
  rentals,  rates,  charges  and  other  fees  as  he  may deem necessary,
  convenient or desirable for the use  and  operation  of  any  such  rail
  transportation facility and related services.
f.  Sell,  transfer, lease or contract for the sale, transfer or lease
  of any rail transportation facility, or any part thereof, necessary  for
  or incidental to the effectuation of the purposes of this section.
g.  Do  all things necessary, convenient or desirable to carry out the
  purposes of this section.
3. For the purposes of this section,  the  term  "rail  transportation
  facility"  shall  include  railroad  rights  of way as well as trackage,
  rails,  cars,  locomotives,  rolling   stock,   signal,   power,   fuel,
  communication   and   ventilation   systems,   power  plants,  stations,
  terminals, storage yards, repair and maintenance shops, yards, equipment
  and parts, offices, and other incidental real estate or personalty  used
  or   held   for  or  incidental  to  the  operation,  rehabilitation  or
  improvement of any railroad operating rail  passenger  or  rail  freight
  transportation services, or to operate such services, including, but not
  limited to buildings, structures and rail property.
4.  Notwithstanding  the  provisions  of  any other general special or
  local law, expenses of the  department  of  transportation  incurred  in
  connection  with  the  provision  of  rail  transportation  services  as
  authorized by this section, may, with the approval of  the  director  of

  the budget, be paid out of the gross revenues, if any, received pursuant
  to  the  authorization  herein  contained. All other revenues surplus to
  these expenses shall be paid into the state treasury to  the  credit  of
  the general fund.