2023 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.