2023 New York Laws › TRA - Transportation › Article 10 - Grade Crossing Elimination › 228 - Acquisition of Property Required for Grade Crossing Elimination Projects.

§ 228. Acquisition of property required for grade crossing elimination
projects.  1.  The  commissioner  shall cause to be prepared an accurate
acquisition map of any and all property which he may deem necessary  for
purposes connected with the elimination of any grade crossing, or of any
property  in  and to which he may deem the acquisition or exercise of an
easement,  interest  or  right  to  be  necessary  for  such   purposes,
indicating and describing in each case the particular easement, interest
or  right.  Such  property  may  be acquired with controlled access when
acquired in connection with the  construction  of  a  controlled  access
highway  as  defined  by the highway law. On the approval of such map by
the commissioner,  he  may  acquire  such  property,  controlled  access
rights,  easements,  interests  or rights, pursuant to the provisions of
the eminent domain procedure law.
2. If the commissioner shall determine, prior to the  filing  of  such
map  in  the  office of the county clerk or register of the county, that
changes, alterations or modifications of such map as filed in  the  main
office of the department should be made, he or she shall, subject to the
provisions  of  article  two  of  the  eminent  domain procedure law, if
applicable,  direct  the  preparation  of  an  amended  map,  either  by
preparing a new map or by making changes on the original tracing of such
map,  with a notation indicating such changes, and file a certified copy
of the same in the main office of the department in the same  manner  as
the  original  map was filed and said amended map shall thereupon in all
respects and for all purposes supersede the map previously filed.
3. If the commissioner shall determine, prior to the  filing  of  such
copy  of  the  acquisition  map  in  the  office  of the county clerk or
register as provided in section four hundred two of the  eminent  domain
procedure law, that such map should be withdrawn, he or she shall file a
certificate  of  withdrawal in the office of the department of law. Upon
the filing of such certificate of withdrawal the map to which it  refers
shall be cancelled and all rights thereunder shall cease and determine.
4.  The  commissioner  shall deliver to the attorney general a copy of
such acquisition map, whereupon it shall be the  duty  of  the  attorney
general  to  advise  and  certify  to  the commissioner the names of the
owners of the property, easements, interests or rights described in  the
said  aquisition  map,  including  the  owners  of  any  right, title or
interest therein, pursuant to the requirements of section  four  hundred
three of the eminent domain procedure law.
5. If, at or after the vesting of title to such property in the people
of  the  state  of  New  York  in the manner provided for in the eminent
domain procedure law, the commissioner shall deem it necessary to  cause
the  removal  of  an  owner or other occupant from such property, he may
cause such owner or other occupant to be removed therefrom by proceeding
in  accordance  with  section  four  hundred  five  of  such  law.   The
proceedings shall be brought in the name of the commissioner as agent of
the state. If any person proceeded against shall contest the petition by
an  answer,  the  attorney  general shall be notified, and he thereafter
shall represent the petitioner in the proceedings.  No  execution  shall
issue  for costs, if any, awarded against the state or the commissioner,
but they shall be part of the costs of the acquisition and  be  paid  in
like  manner.  Proceedings may be brought separately against one or more
of the owners or other occupants of a property, or one proceeding may be
brought against all or several of the owners or other occupants  of  any
or  all property within the territorial jurisdiction of the same justice
or judge; judgment shall effect or be  made  for  immediate  removal  of
persons  defaulting  in appearance or in answering, or withdrawing their
answers, if any, without awaiting the trial or decision of issues raised
by contestants, if any.
6. Upon making any agreement provided for  in  section  three  hundred
four of the eminent domain procedure law, the commissioner shall deliver
to  the  comptroller such agreement and a certificate stating the amount
due such owner or owners thereunder on account of  such  acquisition  of
his  or  their property and the amount so fixed shall be paid out of the
state treasury from moneys  appropriated  for  purposes  connected  with
elimination  of  grade  crossing projects but not until there shall have
been filed with the comptroller, a certificate of the  attorney  general
showing  the  person or persons claiming the amount so agreed upon to be
legally entitled thereto.
7. Application for reimbursement of incidental expenses as provided in
section seven hundred two of the eminent domain procedure law  shall  be
made  to  the  commissioner  upon  forms  prescribed by him and shall be
accompanied by such information and evidence  as  the  commissioner  may
require.  Upon  approval  of  such  application,  the commissioner shall
deliver a copy thereof to the comptroller together  with  a  certificate
stating  the  amount  due thereof, and the amount so fixed shall be paid
out of the state treasury after audit by  the  comptroller  from  moneys
appropriated for the acquisition of porperty under this article.
8.  The  commissioner, with the approval of the director of the budget
shall establish and may from time to time amend  rules  and  regulations
authorizing  the  payment  of  actual  reasonable  and  necessary moving
expenses of occupants of property acquired pursuant to this article;  of
actual direct losses of tangible personal property as a result of moving
or  discontinuing  a  business  or  farm operation, but not exceeding an
amount equal to the reasonable expenses that would have been required to
relocate such property, as determined by the  commissioner;  and  actual
reasonable  expenses in searching for a replacement business or farm; or
in hardship cases for the advance payment of such expenses  and  losses.
For  the purposes of making payment of such expenses and losses only the
term "business"  means  any  lawful  activity  conducted  primarily  for
assisting  in  the  purchase,  sale,  resale, manufacture, processing or
marketing of products, commodities, personal property or services by the
erection and maintenance of an outdoor advertising display or  displays,
whether  or  not such display or displays are located on the premises on
which any  of  the  above  activities  are  conducted.  Such  rules  and
regulations  may  further  define the terms used in this subdivision. In
lieu of such actual reasonable and necessary moving expenses,  any  such
displaced  owner or tenant of residential property may elect to accept a
moving expense allowance, plus a dislocation  allowance,  determined  in
accordance  with a schedule prepared by the commissioner and made a part
of such rules and regulations.
In lieu of such actual reasonable and necessary moving  expenses,  any
such  displaced  owner or tenant of commercial property who relocates or
discontinues his business or farm operation may elect to accept a  fixed
relocation payment in an amount equal to the average annual net earnings
of the business or farm operation, except that such payment shall be not
less  than  two thousand five hundred dollars nor more than ten thousand
dollars. In the case of a business, no  such  fixed  relocation  payment
shall  be  made  unless  the  commissioner finds and determines that the
business cannot be relocated without a substantial loss of its  existing
patronage,  and that the business is not part of a commercial enterprise
having at least one other establishment, which is not being acquired  by
the  state or the United States, which is engaged in the same or similar
business. In the case of a business which is to be discontinued but  for
which  the  findings  and determinations set forth above cannot be made,
the commissioner may prepare an estimate of what the  actual  reasonable
and  necessary  moving expenses, exclusive of any storage charges, would

be if the business were  to  be  relocated  and  enter  into  an  agreed
settlement  with  the owner of such business for an amount not to exceed
such estimate in lieu of such actual  reasonable  and  necessary  moving
expenses.  Application  for payment under this subdivision shall be made
to  the  commissioner  upon  forms  prescribed  by  him  and  shall   be
accompanied  by  such  information  and evidence as the commissioner may
require. Upon approval  of  such  application,  the  commissioner  shall
deliver  a  copy  thereof to the comptroller together with a certificate
stating the amount due thereunder, and the amount so fixed shall be paid
out of the state treasury after audit by  the  comptroller  from  moneys
appropriated for the acquisition of property under this section. As used
in  this  subdivision  the  term  "commercial  property"  shall  include
property owned  by  an  individual,  family,  partnership,  corporation,
association  or  a nonprofit organization and includes a farm operation.
As used in  this  subdivision  the  term  "business"  means  any  lawful
activity, except a farm operation, conducted primarily for the purchase,
sale,  lease  and  rental  of  personal  and  real property, and for the
manufacture, processing, or marketing of products, commodities,  or  any
other personal property; for the sale of services to the public; or by a
nonprofit organization.
9.  The  commissioner  pursuant  to  section three hundred five of the
eminent  domain  procedure  law  may  make  agreements  on  such  terms,
conditions  and  consideration  as he deems beneficial to the state with
respect to any property acquired whereby such property may be  used  and
occupied  by  the former owner, tenant or by any other party from a date
specified in said agreement, until such time as the state  requires  and
obtains  actual  physical  possession.  The  agreements  for the use and
occupancy of such property may be managed, supervised and  enforced  (1)
by  the  staff,  forces  and  equipment of the department; or (2) by the
commissioner contracting for the management, supervision and enforcement
thereof with any person, firm or corporation; or (3) by a combination of
such methods. The use and occupancy of such property under this  article
and  the  right  of  the  state  or its duly authorized agent to recover
possession thereof shall not be subject to the  emergency  housing  rent
control law.
10.  The  commissioner  may  make  supplemental  relocation  payments,
separately computed and stated,  to  displaced  owners  and  tenants  of
residential  property acquired pursuant to this section who are entitled
thereto, as determined by him. The commissioner, with  the  approval  of
the  director  of  the budget, may establish and from time to time amend
rules  and  regulations  providing  for  such  supplemental   relocation
payments.  Such  rules and regulations may further define the terms used
in this subdivision. In the case of property acquired pursuant  to  this
section  which  is improved by a dwelling actually owned and occupied by
the  displaced  owner  for  not  less  than  one  hundred  eighty   days
immediately  prior  to initiation of negotiations for the acquisition of
such property, such payment to  such  owner  shall  not  exceed  fifteen
thousand  dollars. Such payment shall be the amount, if any, which, when
added to the acquisition payment equals the average  price,  established
by  the  commissioner on a class, group or individual basis, required to
obtain a comparable  replacement  dwelling  that  is  decent,  safe  and
sanitary  to  accommodate  the displaced owner, reasonably accessible to
public services and places of employment and available  on  the  private
market, but in no event shall such payment exceed the difference between
acquisition  payment  and  the  actual purchase price of the replacement
dwelling. Such payment shall include an  amount  which  will  compensate
such  displaced owner for any increased interest costs which such person
is required to pay for financing the acquisition of any such  comparable

replacement  dwelling.  Such  amount  shall be paid only if the dwelling
acquired pursuant to this section was encumbered by a bona fide mortgage
which was a valid lien on such dwelling for not less  than  one  hundred
eighty  days prior to the initiation of negotiations for the acquisition
of such dwelling. Such amount shall  be  equal  to  the  excess  in  the
aggregate  interest  and  other debt service costs of that amount of the
principal of the mortgage on the replacement dwelling which is equal  to
the  unpaid  balance  of the mortgage on the acquired dwelling, over the
remainder term of the mortgage on  the  acquired  dwelling,  reduced  to
discounted  present  value.  The  discount  rate shall be the prevailing
interest rate paid on  savings  deposits  by  commercial  banks  in  the
general  area  in  which  the  replacement dwelling is located. Any such
mortgage  interest  differential  payment  shall,  notwithstanding   the
provisions  of  section twenty-six-b of the general construction law, be
in lieu of and in full satisfaction of the requirements of such section.
Such  payment  shall  include  reasonable  expenses  incurred  by   such
displaced  owner for evidence of title, recording fees and other closing
costs incident to the purchase of  the  replacement  dwelling,  but  not
including  prepaid  expenses.  Such  payment  shall  be  made  only to a
displaced owner who purchases and occupies a replacement dwelling  which
is  decent,  safe and sanitary within one year subsequent to the date on
which he is required to move from the dwelling acquired pursuant to this
section or the date on which he receives from the state final payment of
all costs of the  acquired  dwelling,  whichever  occurs  later,  except
advance  payment  of  such  amount may be made in hardship cases. In the
case of property  acquired  pursuant  to  this  section  from  which  an
individual  or  family,  not  otherwise  eligible  to  receive a payment
pursuant to the above provisions of this subdivision, is displaced  from
any  dwelling  thereon  which has been actually and lawfully occupied by
such individual or family for not  less  than  ninety  days  immediately
prior  to  the  initiation  of  negotiations for the acquisition of such
property, such payment to such individual or  family  shall  not  exceed
four  thousand  dollars.  Such  payment  shall  be  the  amount which is
necessary to enable such individual or family to lease  or  rent  for  a
period  not  to exceed four years, a decent, safe, and sanitary dwelling
of standards adequate to accommodate such individual or family in  areas
not  generally  less  desirable in regard to public utilities and public
and commercial facilities and reasonably  accessible  to  his  place  of
employment,  but  shall not exceed four thousand dollars, or to make the
down payment, including reasonable expenses incurred by such  individual
or family for evidence of title, recording fees, and other closing costs
incident  to the purchase of the replacement dwelling, but not including
prepaid expenses, on  the  purchase  of  a  decent,  safe  and  sanitary
dwelling  of standards adequate to accommodate such individual or family
in areas not generally less desirable in regard to public utilities  and
public  and  commercial  facilities,  but shall not exceed four thousand
dollars, except if such amount exceeds two thousand dollars, such person
must equally match any such amount in excess of two thousand dollars, in
making the down payment. Such payments may be made  in  installments  as
determined  by  the  commissioner.  Application  for  payment under this
subdivision shall be made to the commissioner upon forms  prescribed  by
him  and  shall  be  accompanied by such information and evidence as the
commissioner  may  require.  Upon  approval  of  such  application,  the
commissioner  shall  deliver a copy thereof to the comptroller, together
with a certificate stating the amount due thereunder, and the amount  so
fixed  shall  be  paid  out  of  the  state  treasury after audit by the
comptroller from moneys appropriated for  the  acquisition  of  property
under this section.
11.  Any  owner  may  present  to the court of claims, pursuant to the
provisions of section five hundred three of the eminent domain procedure
law, a claim for the value of  such  property  acquired  and  for  legal
damages,  as  provided by law for the filing of claims with the court of
claims. Awards and judgments of the court of claims shall be paid in the
same manner as awards and judgments of that court for the acquisition of
lands  generally and shall be paid out of the state treasury from moneys
appropriated for purposes connected with elimination of  grade  crossing
projects.
12.  If the work of any grade crossing elimination project shall cause
actual damage to property not acquired as provided in this article,  the
state  shall  be liable therefor, but this provision shall not be deemed
to create any liability not already existing by statute. Claims for such
damage may be adjusted by the commissioner, if the amounts  thereof  can
be  agreed  upon  with the persons making such claims, and any amount so
agreed upon shall be paid as a part of this  cost  of  such  elimination
project.  If the amount of any such claim is not agreed upon, such claim
may, pursuant to the provisions of the eminent domain procedure law,  be
presented  to  the  court  of  claims  which  shall  hear such claim and
determine if the amount of such claim or any part  thereof  is  a  legal
claim  against  the state and, if it so determines, to make an award and
enter judgment thereon against the state, provided, however,  that  such
claim  is  filed  with  the court of claims within three years after the
acceptance by the commissioner of the final agreement of  the  completed
elimination project contract.
13.   Notwithstanding   any  other  provision  of  this  article,  the
commissioner may acquire by grant or purchase, in the name of the people
of the state of New York, any property which he deems necessary for  any
of  the purposes of this chapter, and payment therefor, if any, shall be
made in the manner  prescribed  in  this  article  for  the  payment  of
adjusted  acquisition  claims,  provided, however, that no real property
shall be so acquired unless the title thereto shall be approved  by  the
attorney general.
14.  The  expense  of  such  acquisitions including the cost of making
surveys and preparing descriptions and maps of lands to be acquired  and
administrative  duties  in  connection  therewith,  serving  notices  of
appropriation, publication, making  appraisals  and  agreements  and  of
searches  ordered  and  examinations  and  readings of title made by the
attorney general, and expenses incurred by the commissioner or  attorney
general  in  proceedings  for  removal of owners and occupants, shall be
deemed part of the cost of such elimination project.
15. Notwithstanding any other law,  the  commissioner,  his  officers,
agents  or  contractors  when  engaged on such elimination projects, may
pursuant to the provisions of section four hundred four of  the  eminent
domain  procedure  law,  enter  upon  property for the purpose of making
surveys, test pits, test borings, or other investigations and  also  for
temporary occupancy during construction. Claims for any damage caused by
such  entry,  work or occupation not exceeding two thousand five hundred
dollars may be adjusted by agreement by the commissioner with the  owner
of   the   property   affected   as  determined  by  him  by  reasonable
investigation without appropriating such property. Upon making any  such
adjustment   and  agreement,  the  commissioner  shall  deliver  to  the
comptroller such agreement and a certificate stating the amount due such
owner and the amount so fixed shall be paid out of  the  state  treasury
from monies appropriated for such elimination project.
16.  The  commissioner  may  determine  whether  any property acquired
pursuant to this article or grade crossing elimination acts in effect on
the date of enactment of this article  for  grade  crossing  elimination

purposes  may  be,  in  whole  or  in  part,  sold or exchanged on terms
beneficial to the state, and in all cases of such determination he  may,
subject  to  the  compliance with the provisions of section four hundred
six  of  the  eminent domain procedure law and notwithstanding any other
law, dispose of such property, provided he shall have  first  determined
that such property is no longer necessary or useful for the purposes for
which  it was acquired and provided that with respect to crossings where
access is not controlled the disposal of such property shall not deprive
an owner of any existing frontage thereon immediately in  front  of  his
premises.  In  order  to carry any such sale or exchange into effect the
commissioner may execute and deliver, in the name of the people  of  the
state,  a  quitclaim  of, or a grant in and to, such property. Each such
instrument of conveyance shall be prepared by the attorney general  and,
before  delivery,  shall  be  approved  by  him as to form and manner of
execution.
18. If subsequent to the acquisition of a temporary easement right  in
property pursuant to this article, the commissioner shall determine; (a)
that  the  purposes for which such easement right was acquired have been
accomplished and that the use and occupancy of said  property  for  such
purposes  is  no  longer  necessary, or (b) that the period fixed by the
terms of such easement for expiration of  the  same  should  be  further
limited,  or  (c)  if  the  acquisition  of  such  easement  was  for an
indefinite period, that such period should be fixed and  determined,  he
shall  make  his  certificate to such effect. Upon the expiration of the
then fixed and determined term of the easement, the easement will expire
by the terms of the  certificate  and  the  affected  property  will  be
surrendered  back  to the owner, free of such easement, and the easement
will be accordingly thereupon terminated, released and extinguished. The
commissioner shall cause a copy of such certificate to be filed  in  the
office  of  the  department  of  state.  In the event that the term of a
temporary easement has been fixed at a specific period of  time  by  the
description and map no further certificate shall be required.
19.   Notwithstanding   any  other  provision  of  this  section,  the
commissioner of transportation shall have the power to acquire by  grant
or  purchase,  in  the  name of the people of the state of New York, any
property which he deems necessary for any of the purposes  provided  for
in  this  section  and  may  also  acquire  for  such  purposes from the
Palisades interstate park commission, in the name of the people  of  the
state  of New York, such lands and such easements, licenses, permits and
other rights over lands as the said commission is authorized  to  grant,
sell,  exchange  or convey. When the acquisition by appropriation, grant
or purchase of property deemed necessary for grade crossing  elimination
purposes  would  result  in  substantial  consequential  damages  to the
owner's remaining property, due to loss of access, severance or  control
of  access, the commissioner of transportation, for and in behalf of the
people of the state of New York, may acquire by purchase or grant all or
any portion of such remaining property. Payment therefor, if any,  shall
be  made  in  the  manner  prescribed in this section for the payment of
adjusted appropriation claims, provided, however, that no real  property
shall  be  so acquired unless the title thereto shall be approved by the
attorney general.
20. After acceptance of the completed work, the railroad company shall
apply to the commissioner for the conveyance  to  it  of  any  property,
acquired  as  aforesaid,  and  or  any other property owned by the state
which property is under the jurisdiction of the commissioner  and  which
is  used  to  accomplish a grade crossing elimination, necessary for the
proper operation and maintenance of the railroad. If it shall appear  to
the commissioner that such application is reasonable and the property is

necessary  for the proper operation and maintenance of such railroad and
such property is not necessary for highway, road or street purposes, the
commissioner shall grant and  convey  such  property  to  such  railroad
company upon such terms and conditions as he may prescribe.
21.  In  case any property acquired as aforesaid and not conveyed to a
railroad company physically forms a part of any existing  highway,  road
or  street  or a new highway, road or street opened to take the place of
an existing highway, road or street, the fee  title  of  which  existing
highway,  road  or street is vested in a municipality, such municipality
may apply to the commissioner for a conveyance  of  such  property.  The
commissioner  may  grant  and  convey such property to such municipality
upon such terms and conditions as he may prescribe.
22. Any property acquired as aforesaid and not conveyed to a  railroad
company  or a municipality, physically forming a part of any existing or
proposed highway, road or street shall  become  a  part  of  the  state,
county,  town,  city, village or other highway or street system of which
such existing or proposed highway, road or street forms a part and shall
be under the jurisdiction of and maintained by  the  proper  authorities
having charge of such respective systems.
23.  If  a  railroad company has acquired, is acquiring or is about to
acquire title to any property in addition to or  beyond  the  normal  or
reasonable  limits of its existing right of way for the operation of the
railroad which the commissioner may deem necessary in the elimination of
any crossing, and such property is in the opinion of  such  commissioner
necessary  for  the  proper operation and maintenance of the railroad of
such railroad company and not necessary  for  highway,  road  or  street
purposes, same need not be acquired as aforesaid, but may be retained or
otherwise  acquired  by  such  railroad  company,  in  which  event such
railroad company shall be compensated  for  such  property  in  such  an
amount  as  may  be agreed upon by and between such railroad company and
the commissioner. Any amount so agreed upon shall be  paid  out  of  the
state  treasury  from  moneys  appropriated  for purposes connected with
elimination of grade crossing projects.
24. In fixing the consideration, if any, to be paid  by  any  railroad
company  or  municipality for any property acquired by the people of the
state of New York for an elimination and to be conveyed to such railroad
company or municipality as prescribed by this article, due regard  shall
be  given  by  the  commissioner  to  all  facts  involved and any other
property involved in connection with the  acquisition  of  property  for
such elimination and such consideration shall be fixed accordingly. Such
consideration shall be paid to the state and the expenses of the project
shall  be  adjusted to reflect such consideration. Any conveyance of any
such property shall contain a reservation to the people of the state  of
New  York of the title to any structures and construction work necessary
for highway, road or street purposes and, also, of the  legal  right  to
maintain same.
25.  Any  railroad  company  or  its  lessee,  during  the progress of
changing the grade of its railroad under the provisions of this article,
is authorized to maintain such temporary structures and  to  occupy  any
part  or  parts of an adjacent street and of intersecting streets as may
be necessary in the premises or  for  the  continued  operation  of  its
railroad  and  to  lay  down  such  temporary  tracks  on  adjacent  and
intersecting streets as may be necessary for carrying  on  the  railroad
business  during  the  progress  of the work, all of which shall be done
only with the approval and direction of the commissioner as  a  part  of
the  elimination  work.  If  any  temporary acquisition of the rights of
abutting property owners is made for this purpose  the  compensation  or
damages, if any, paid for such acquisition shall be deemed to be part of

the  elimination cost whether paid in the first instance by the railroad
corporation or by the state.
26.  Notwithstanding  any  other  provision  of law a municipality may
grant a permit  to  the  commissioner  to  occupy,  for  grade  crossing
elimination purposes, any of the property set forth and described on the
maps  prescribed  by  this article which are owned by such municipality.
Such permit may be for permanent or  temporary  occupancy  as  shall  be
determined  by the commissioner, and the permit shall state the purposes
for which  the  property  is  obtained,  together  with  the  terms  and
conditions  including  payment,  if  any,  which is to be made under the
permit. The permit may be in lieu of acquisition of land pursuant to the
provisions of the eminent domain  procedure  law  as  provided  in  this
article.  The  property  described in any such permit may be utilized by
the people of the state of New York, their officers and  agents,  or  by
any  railroad  company  to  which  such  permit  may  be  transferred or
assigned, for grade crossing  elimination  purposes.  Payment,  if  any,
shall be made by the comptroller and paid out of the state treasury from
moneys  appropriated  for  purposes  connected with elimination of grade
crossing projects, after the department of transportation  has  filed  a
copy of the approved permit with the comptroller.
27.  The  provisions of this article providing for the acquisition and
transfer of property shall apply in all respects to the acquisition  and
transfer  of  property  necessary for those incidental improvements held
necessary or desirable because of the elimination project.
28. Notwithstanding any other provisions of law, the commissioner  may
use,  for  grade  crossing  elimination purposes, any property under his
jurisdiction  acquired  for  other  public  purposes  which   he   deems
necessary,  exclusively  for,  or  in  conjunction  with  grade crossing
elimination purposes. Transfer of such  use  shall  be  effected  by  an
official  order  of  the  commissioner to be filed in the offices of the
department and of the department of state, accompanied by a  description
and  map  of  such property. When the use is to be exclusively for grade
crossing elimination purposes, then upon such filing of the description,
map and official order of transfer of use, the property  shall  be  used
and  maintained  for grade crossing elimination purposes and be governed
as though the said property was acquired pursuant to  this  article  for
grade crossing elimination purposes. When dual use is to be made of such
property  for  grade  crossing  elimination  purposes  and  other public
purposes by the state, the official order of transfer shall so  certify,
and  upon  such  filing  of  the  description, map and official order of
transfer, the property shall  be  used  and  maintained  for  such  dual
purposes,  and is, in the discretion of the commissioner, to be governed
either by this article or  the  statute  under  which  jurisdiction  was
acquired by the commissioner or both.
29.  Notwithstanding  any other provision of law, the commissioner may
accept in the name of the people of the  state  of  New  York  from  the
United  States  or any authorized agency, unit or subdivision thereof or
any instrumentality or corporation owned or  controlled  by  the  United
States a release, easement, grant, conveyance or permit, with or without
conditions,  authorizing the construction and permanent maintenance of a
grade  crossing  elimination  project,  pursuant  to  this  article,  on
property in which any rights or easements or the fee is held or owned by
the  United States or any authorized agency, unit or subdivision thereof
or any instrumentality or corporation owned or controlled by the  United
States,  or  on  property  in  which the fee or a perpetual easement was
theretofore appropriated  by  the  state  for  flood  control  purposes,
pursuant  to  chapter  eight  hundred  sixty-two of the laws of nineteen

hundred thirty-six, and acts amendatory thereof, whether retained by the
state or conveyed or to be conveyed to the United States.
30.  (a)  Notwithstanding any other provision of law, the commissioner
may accept in the name of the people  of  the  state  of  New  York  any
property  interest or easement right held or owned by the public service
commission in the name of the people of the state of New  York  pursuant
to grade crossing elimination acts. The commissioner may, in whole or in
part,  sell,  transfer  or  exchange  such property interest or easement
right on terms beneficial to the state, provided that such  property  is
no  longer  necessary  or  useful  for  the  purposes  for  which it was
acquired. To effect the sale, transfer or exchange, the commissioner may
execute and deliver, in the name of the people of the state, a quitclaim
of, or a  grant  in  and  to,  such  property  or  easement.  Each  such
instrument  of  grant  or  conveyance  shall be prepared by the attorney
general.
(b) A municipality or a railroad company may apply to the commissioner
for the grant or conveyance of such property interest or easement right.
If it shall be made to appear to the commissioner  that  such  grant  or
conveyance  is  reasonable and the property or easement is necessary for
the proper operation and maintenance of highways, roads or streets owned
by such municipality or for the proper operation and maintenance of such
railroad, the commissioner may, upon reasonable  terms  and  conditions,
grant  and  convey  such  property  or  easement to such municipality or
railroad company. The payment, if any, required by the commissioner  for
such grant or conveyance shall be deposited in the state treasury.