2023 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.