2023 New York Laws › RRD - Railroad › Article 3 - Construction, Operation and Management › 92 - Acquisition of Land, Right or Easement in Crossing.

§  92.  Acquisition  of  land,  right  or  easement  in  crossing. The
  commissioner of transportation may  acquire  in  the  same  manner  that
  property  and  rights  therein  are  acquired for state highway purposes
  pursuant to the highway law, or may  direct  the  municipal  corporation
  having  jurisdiction  over  the  street,  avenue, highway or road and in
  which the crossing is located, to acquire any lands, rights or easements
  necessary or required for the purpose of carrying out the provisions  of
  sections  ninety  and  ninety-one.  In  the  event  that  such municipal
  corporation is directed to acquire such lands, rights or  easements,  it
  shall  do  so by purchase, with the approval of the railroad corporation
  and the commissioner of transportation, but if unable  to  do  so  shall
  acquire  such  lands, rights or easements pursuant to the eminent domain
  procedure law, under the charter of or other special act  applicable  to
  such  municipal  corporation  or,  in  the  case of a county to which no
  special act is applicable, of  sections  one  hundred  eighteen  to  one
  hundred  twenty-four, inclusive, of the highway law.  The railroad shall
  have notice of any such proceedings and the right to be heard therein.
The owner or owners of any claim for the value  of  property  acquired
  pursuant to the highway law, where a claim has been filed with the court
  of  claims,  shall  cause  a  copy  of  such claim to be served upon the
  municipal corporation and the railroad corporation  and  such  municipal
  corporation  and  railroad  corporation shall have the right to be heard
  before said court. No adjustment of claim pursuant to such law shall  be
  effective  without  the  approval  of  the municipal corporation and the
  railroad corporation. The cost of lands, rights  or  easements  acquired
  for  the purposes of this section shall be considered a part of the cost
  of the project and shall  be  apportioned  in  the  manner  provided  in
  section ninety-four.
After acceptance of the completed work, the railroad corporation shall
  make an application to the commissioner of transportation for conveyance
  to  it  of any lands, rights or easements, acquired by said commissioner
  as aforesaid, and/or any other lands, rights or easements owned  by  the
  state  which  lands,  rights  or easements are under the jurisdiction of
  said commissioner and which are used to accomplish the purposes of  this
  section,  necessary  for  the  proper  operation  and maintenance of the
  railroad. If it shall appear to the commissioner of transportation  that
  such  application  is  reasonable and the lands, rights or easements are
  necessary for the proper operation and maintenance of such railroad  and
  such  lands,  rights or easements are not necessary for highway, road or
  street purposes, said commissioner shall grant and  convey  such  lands,
  rights  or  easements  to  such railroad corporation upon such terms and
  conditions as he may prescribe. The commissioner of transportation shall
  direct the municipal corporation to convey and the municipal corporation
  shall convey to the railroad corporation such lands, rights or easements
  necessary for the proper operation and maintenance of the railroad which
  the municipal corporation has acquired for  purposes  of  this  section.
  Lands,  rights or easements which the commissioner of transportation has
  acquired for construction of a project pursuant to this  section,  other
  than  those necessary for the operation and maintenance of the railroad,
  shall be conveyed  by  said  commissioner  to  the  municipality  having
  jurisdiction  over  the  street,  avenue,  highway  or road on which the
  crossing is located. The commissioner of transportation  in  determining
  the  shares  of  the respective parties in the cost of the project shall
  take into consideration the value of  all  lands,  rights  or  easements
  conveyed hereunder.