New York Laws
Article 5 - Powers, Limitations and Liabilities
98-A - Acquisition and Lease of Railroad Facilities.

§ 98-a. Acquisition and lease of railroad facilities. 1. Two or more
cities, towns or villages in the same county or adjoining counties may
jointly acquire, by purchase, lease, condemnation or otherwise, railroad
rights-of-way and other railroad facilities and property, except rolling
stock, located in such county or counties, and may lease the same to a
railroad corporation, for periods not in excess of one year and expiring
not later than the first day of July next succeeding the effective date
of such lease, subject to an agreement for the maintenance and operation
of such rights-of-way, facilities and property for public use in the
transportation of persons or property.

2. The local law, ordinance or resolution providing for such action
shall be adopted by the governing board of each such municipality and
shall create a committee, to be at all times composed of members of each
of such boards, to acquire such rights-of-way, facilities and property,
in the name of the municipalities jointly, and as their joint agent, and
may specify matters as to which the action of the committee shall
require the joint approval of such boards. The local law, ordinance or
resolution shall also prescribe the proportions of the cost of such
project to be borne by the respective municipalities.

3. The acquisition and lease of such rights-of-way, facilities and
property are hereby declared city, town and village purposes. The
expenses incurred in connection herewith shall be a city, town or
village charge, as the case may be, and may be paid for by appropriation
of moneys available therefor or may be financed in whole or part
pursuant to the local finance law. The period of probable usefulness of
any indebtedness contracted pursuant to this section shall be thirty
years.

4. Such local law, ordinance or resolution may be amended from time to
time with the concurrence of each of such boards, and additional
municipalities may be included therein, in the same manner and subject
to the same conditions as were applicable to the original municipalities
participating therein.

5. In the event of the abandonment of such project, all rights-of-way,
facilities and property acquired by the participating municipalities may
be sold and the proceeds distributed in the same proportion as
contributions were made.

6. No acquisition, lease or agreement entered into pursuant to this
section after the effective date of this subdivision shall be effective
until the terms and conditions thereof shall have been approved by the
state commissioner of transportation.

Structure New York Laws