New York Laws
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.

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