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

(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.