New York Laws
Article 9 - Bridges
254 - Acquisition of Certain Toll Bridges at the Expense of the State.

§ 254. Acquisition of certain toll bridges at the expense of the
state. 1. If a toll bridge for the traffic of vehicles and foot
passengers is located on a state highway or constitutes a connecting
link between two state routes as described in section three hundred
forty-one of this chapter, or constitutes a part of a state route and is
included in the description thereof, or constitutes a connecting link
between improved state highways or constitutes a connecting link between
a state highway heretofore improved and a state highway which is
indicated for improvement by section three hundred forty-one, the board
of supervisors of the county in which such bridge is situated, or if
situated in two counties the boards of supervisors of such counties
concurrently, may, by resolution, petition the department of
transportation for the acquisition of such bridge by the state pursuant
to this section. Within ten days after the passage of such resolution
the clerk or clerks of the board or boards of supervisors shall transmit
certified copies thereof to the department of transportation together
with an estimate of the probable cost of acquiring the same and any data
in relation to the value thereof which the board or boards of
supervisors may secure.

2. The commissioner of transportation shall upon receipt of such
resolution or concurrent resolution, and within three months thereafter,
investigate and determine whether the public interest demand the
acquisition of such bridge by the state and shall also within said three
months approve or disapprove of such resolution and if such resolution
be approved shall prepare an estimate of the probable cost of acquiring
such bridge. If such resolution be disapproved the department of
transportation shall certify its reason therefor to such board or boards
of supervisors.

3. If it be approved the department of transportation is hereby
authorized and empowered to agree with the corporation owning the said
bridge upon the compensation which shall be made to it for the said
bridge and its appurtenances, its franchises, its rights for the
maintenance and use of said bridge, and any and all damage which shall
result to said corporation so owning the said bridge by reason of the
taking of such structure, and such agreement shall be reduced to writing
and executed by the department of transportation in the name of the
people of the state of New York and by the corporation owning the said
bridge, and filed in the office of the comptroller of the state of New
York.

4. In the event that no agreement is reached between the said
department of transportation and the corporation owning the said bridge
for such purchase as aforesaid, the department of transportation shall
certify its approval to the attorney general and transmit to him the
estimate made by the department of transportation of the probable cost
of acquiring such toll bridge, franchises and rights, and the amount of
any and all damage incurred by such acquisition, together with all data
the department of transportation may have in its possession in relation
thereto.

5. Upon the receipt of such certificate of approval, if and when
sufficient money shall have been appropriated by the state therefor, the
attorney general shall acquire in the name of the people of the state in
accordance with the provisions of the eminent domain procedure law,
title to such bridge and the franchise therof; and, in such event, such
corporation shall have pursuant to the eminent domain procedure law the
right to prosecute in the court of claims which shall have jurisdiction
in the premises, any claim which it may have for damages for the takings
of its said property.

6. The amount agreed upon between the said department of
transportation and the said corporation, pursuant to such agreement so
filed as aforesaid, or if no agreement be reached, the amount so
determined by the court, shall be paid by the department of taxation and
finance upon the warrant of the comptroller out of the moneys
appropriated for such purpose. Until payment to such corporation be made
after such agreement of the amount therein agreed to be paid or upon
acquisition, unless the commissioner of transportation shall enter upon
and take possession of such property as provided by this section, until
the amount so determined by the court of claims in such acquisition
proceedings, the corporation owning the said bridge shall be entitled to
continue in possession and use thereof and of all the rights, privileges
and franchises enjoyed by it in connection therewith, but upon such
payment being made such bridge and all rights and franchises in
connection therewith shall become the property of the state of New York
and shall be maintained by the state as a free bridge and as a part of
the state system of highways.

7. If such bridge be acquired by the state pursuant to this section
the same shall not be used except as hereinafter provided by any
railroad, telephone, gas, electric light, heat or power company or any
other public service corporation for any purpose except upon such
reasonable terms and the payment of such reasonable rental to the state
as shall be determined by the department of transportation. The money
received therefor shall be paid into the state treasury and so much
thereof as may be needed appropriated for the maintenance of such
bridge. The provisions of this section, however, shall not affect any
existing contract for the use of such bridge by any corporation except
that the compensation provided for such use in such existing contract
shall be paid to the state.

8. Notwithstanding the provisions of this section, if any such bridge
be owned by a domestic corporation carrying on the business of operating
a railroad and which operates cars thereover, the department of
transportation in entering into such agreement or the commissioners in
condemnation in making such appraisal and fixing such damages as
aforesaid may take into consideration any bonds outstanding of such
corporation which may have been authorized by the department of
transportation or the predecessor thereof, to be issued by such
corporation for the purchase of said bridge and its franchises or the
stock of any corporation formerly owning the said bridge, and shall fix
and determine in making such appraisal the amount of any and all damage
which will result to such corporation so owning such bridge by reason of
the taking of the said bridge and its rights and franchises in
connection therewith and such corporation when said bridge shall have
been acquired and such compensation paid, and its successors, shall be
permitted to continue to use said structure upon payment of such
reasonable rental to the state for such use as shall be determined by
the department of transportation, and further provided that if such
corporation, or any successor thereof, should desire to use other parts
or decks of such bridge or to make such use thereof as would require the
strengthening, reconstruction or change of the said bridge or its
approaches, or the building of new approaches to the said bridge, such
corporation or its successors may make such use thereof and strengthen,
reconstruct or make such changes in the said bridge or its approaches or
build new approaches to the said bridge and use the same in such manner
upon filing with the department of transportation detailed plans for the
proposed new use thereof, or for the strengthening, reconstruction of or
changes in the said bridge or its approaches or for the building of new
approaches to the said bridge, and upon obtaining the approval of such

use and plans by the department of transportation and upon payment of
such further reasonable rental to the state for any such additional use
of said structure or such approaches as shall be determined by the
department of transportation; provided further that the entire cost of
any such strengthening, reconstruction, additions or changes of the said
bridge or its approaches shall be paid exclusively by the corporation
making such use of said bridge and shall be deemed to be an expenditure
for capital purposes of such corporation paying the same for all
purposes whatsoever. Any such corporation using such bridge at the time
of the acquisition thereof by the state shall not be debarred from
continuing such use by reason of such acquisition; but the failure or
refusal to comply with such terms or to pay such rental shall forfeit
the right of such corporation to use such bridge, and the department of
transportation is hereby authorized and empowered to close such bridge
to the use of such offending corporation.

9. Any act or failure to act on the part of the department of
transportation as in this section provided shall be reviewable by the
supreme court of this state in the manner provided by article
seventy-eight of the civil practice law and rules.