New York Laws
Title 28-AA - Chautauqua, Cattaraugus, Allegany and Steuben Southern Tier Extension Railroad Authority
2642-F - Special Powers of the Authority.

§ 2642-f. Special powers of the authority. In order to effectuate the
purposes of this title: 1. The authority may acquire, by purchase, gift,
grant, transfer, contract or lease, any railroad facility, wholly or
partially within the counties of Chautauqua, Cattaraugus, Allegany and
Steuben or any part thereof, or the use thereof, and may enter into any
joint service arrangements as provided in this section. Any such
acquisition or joint service arrangement shall be authorized only by
resolution of the authority approved by not less than a majority of the
whole number of voting members of the authority. In addition to and not
in limitation of any other power conferred upon the authority by the
provisions of this title, the authority is hereby empowered and
authorized in respect of any property and assets at any time owned or
held by, or under the jurisdiction of, the state, the Commonwealth, any
political subdivision thereof, or any private or other public concern,
to accept and receive any such interest therein as it may have been or
may hereafter be designated by the state, the Commonwealth, any
political subdivision thereof, or any other public or private concern,
by law or other lawful means to receive, and in respect thereof, except
as otherwise provided by the designating statute or contractual
instrument, it shall have and exercise all of the powers and
jurisdiction herein conferred upon it in respect of any other property,
rights, assets, facilities and projects in any other manner acquired or
from any other source received by it pursuant to the provisions of this
title.

2. The authority may on such terms and conditions as the authority may
determine necessary, convenient or desirable itself establish,
construct, effectuate, operate, maintain, renovate, improve, extend or
repair any such railroad facility, or may provide for such
establishment, construction, effectuation, operation, maintenance,
renovation, improvement, extension or repair by contract, lease, or
other arrangement on such terms as the authority may deem necessary,
convenient or desirable with any person, including, but not limited to,
any common carrier or freight forwarder or other private for-profit
firm, the state, the Commonwealth, any agency or the state or
Commonwealth, the federal government, any other state or agency or
instrumentality thereof, any non-profit corporation, any public
authority of this or any other state or any political subdivision or
municipality of the state. In connection with the operation of any such
railroad facility, the authority may establish, construct, effectuate,
operate, maintain, renovate, improve, extend or repair or may provide by
contract, lease or other arrangement for the establishment,
construction, effectuation, operation, maintenance, renovation,
improvement, extension or repair of any related services and activities
it deems necessary, convenient or desirable, including, but not limited
to, the transportation and storage of freight and the United States
mail, feeder and connecting transportation, parking areas,
transportation centers, stations and related facilities.

3. The authority may establish, levy and collect or cause to be
established, levied and collected and, in the case of a joint service
arrangement, join with others in the establishment, levy and collection
of such fares, tolls, rentals, rates, charges and other fees as it may
deem necessary, convenient or desirable for the use and operation of any
railroad facility and related services operated by the authority or
under contract, lease or other arrangement, including joint service
arrangements, with the authority.

4. The authority may establish and, in the case of joint service
arrangements, join with others in the establishment of such schedules
and standards of operations and such other rules and regulations

including but not limited to rules and regulations governing the conduct
and safety of the public as it may deem necessary, convenient or
desirable for the use and operation of any railroad facility and related
services operated by the authority or under contract, lease or other
arrangement, including joint service arrangements, with the authority.

5. The authority may acquire, hold, own, lease, establish, construct,
effectuate, operate, maintain, renovate, improve, extend or repair any
of its facilities.

6. The authority, in its own name, may apply for and receive and
accept grants of property, money and services and other assistance
offered or made available to it by any person, government or agency
which it may use to meet capital or operating expenses and for any other
use within the scope of its powers, and to negotiate for the same upon
such terms and conditions as the authority may determine to be
necessary, convenient or desirable.

7. The authority may do all things it deems necessary, convenient or
desirable to manage, control and direct the maintenance and operation of
railroad facilities, equipment or real property operated by or under
contract, lease or other arrangement with the authority. Except as
hereinafter specially provided, no municipality or political
subdivision, including but not limited to a county, city, village, town
or school or other district shall have jurisdiction over any facilities
of the authority or any of its activities or operations. The local laws,
resolutions, ordinances, rules and regulations of a municipality or
political subdivision in the state conflicting with this title or any
rule or regulation of the authority, shall not be applicable to the
activities or operations of the authority, or the facilities of the
authority, except such facilities that are devoted to purposes other
than transportation purposes. The authority may agree with the New York
state department of transportation for the execution by such department
of any grade crossing elimination project or any grade crossing
separation reconstruction project along any railroad facility operated
by the authority or under contract, lease or other arrangement with the
authority. Any such project shall be executed as provided in article ten
of the transportation law and the railroad law, respectively, and the
costs of any such project shall be borne as provided in such laws.