N.Y. Const. art. VII, § 14: State debt for elimination of railroad crossings at grade; expenses; how borne; construction and reconstruction of state highways and parkways

§ 14. The legislature may authorize by law the creation of a debt or

debts of the state, not exceeding in the aggregate three hundred million

dollars, to provide moneys for the elimination, under state supervision,

of railroad crossings at grade within the state, and for incidental

improvements connected therewith as authorized by this section. The

provisions of this article, not inconsistent with this section, relating

to the issuance of bonds for a debt or debts of the state and the

maturity and payment thereof, shall apply to a state debt or debts

created pursuant to this section; except that the law authorizing the

contracting of such debt or debts shall take effect without submission

to the people pursuant to section 11 of this article. The aggregate

amount of a state debt or debts which may be created pursuant to this

section shall not exceed the difference between the amount of the debt

or debts heretofore created or authorized by law, under the provisions

of section 14 of article VII of the constitution in force on July first,

nineteen hundred thirty-eight, and the sum of three hundred million

dollars.

The expense of any grade crossing elimination the construction work

for which was not commenced before January first, nineteen hundred

thirty-nine, including incidental improvements connected therewith as

authorized by this section, whether or not an order for such elimination

shall theretofore have been made, shall be paid by the state in the

first instance, but the state shall be entitled to recover from the

railroad company or companies, by way of reimbursement (1) the entire

amount of the railroad improvements not an essential part of

elimination, and (2) the amount of the net benefit to the company or

companies from the elimination exclusive of such railroad improvements,

the amount of such net benefit to be adjudicated after the completion of

the work in the manner to be prescribed by law, and in no event to

exceed fifteen per centum of the expense of the elimination, exclusive

of all incidental improvements. The reimbursement by the railroad

companies shall be payable at such times, in such manner and with

interest at such rate as the legislature may prescribe.

The expense of any grade crossing elimination the construction work

for which was commenced before January first, nineteen hundred

thirty-nine, shall be borne by the state, railroad companies, and the

municipality or municipalities in the proportions formerly prescribed by

section 14 of article VII of the constitution in force on July first,

nineteen hundred thirty-eight, and the law or laws enacted pursuant to

its provisions, applicable to such elimination, and subject to the

provisions of such former section and law or laws, including advances in

aid of any railroad company or municipality, although such elimination

shall not be completed until after January first, nineteen hundred

thirty-nine.

A grade crossing elimination the construction work for which shall be

commenced after January first, nineteen hundred thirty-nine, shall

include incidental improvements rendered necessary or desirable because

of such elimination, and reasonably included in the engineering plans

therefor. Out of the balance of all moneys authorized to be expended

under section 14 of article VII of the constitution in force on July

first, nineteen hundred thirty-eight, and remaining unexpended and

unobligated on such date, fifty million dollars shall be deemed

segregated for grade crossing eliminations and incidental improvements

in the city of New York and shall be available only for such purposes

until such eliminations and improvements are completed and paid for.

Notwithstanding any of the foregoing provisions of this section the

legislature is hereby authorized to appropriate, out of the proceeds of

bonds now or hereafter sold to provide moneys for the elimination of

railroad crossings at grade and incidental improvements pursuant to this

section, sums not exceeding in the aggregate sixty million dollars for

the construction and reconstruction of state highways and parkways.