N.Y. Highway Law § 22: Multi-use areas adjacent to and recreational, natural and scenic areas along state highways

§ 22. Multi-use areas adjacent to and recreational, natural and scenic

areas along state highways. The commissioner of transportation is hereby

authorized and empowered to acquire property in order to provide

multi-use areas adjacent to state highways and recreational, natural and

scenic areas along, but not necessarily contiguous to, state highways,

except that the commissioner may acquire property anywhere in the state

for the purpose of constructing bikeways. Such multi-use areas may be

utilized for, but not limited to walking, hiking, bicycle, trail-bike,

recreational vehicle and snowmobile trails and the installation of

public utilities. Such acquisitions shall constitute a state highway

purpose. Property acquired for multi-use areas shall be such as to

complement the highway facilities by providing the multi-use areas

adjacent to the highway facilities. Property acquired for recreational,

natural and scenic areas along, but not necessarily contiguous to, state

highways shall consist of predominantly unimproved, natural or scenic

areas suitable to serve the recreational needs of the expanding

population of the state, or desirable to preserve the natural or scenic

resources of the state, and shall lend itself to restoration,

preservation or enhancement as a recreational, natural or scenic area or

provides visual access from the highway to such an area. The

commissioner is hereby authorized to undertake work of construction,

improvement, restoration, preservation or enhancement of such areas and

the expense of such work may be a proper charge against funds available

for the construction, reconstruction, improvement or maintenance of

state highways. The commissioner shall submit plans for such

acquisitions and work to the department of state, the office of parks,

recreation and historic preservation and the department of environmental

conservation for review and recommendation prior to such acquisitions

and work being undertaken. Such acquisitions and work, and any

agreements entered into in connection therewith, shall not be undertaken

unless approved by the director of the budget. Such acquisitions and

work in multi-use areas may be undertaken pursuant to a written

agreement with a person, firm, corporation, public authority, city,

county, town, village, or state department or agency, which agreement

shall provide for the funding of such acquisitions and work. Such

acquisitions and work in recreational, natural or scenic areas may be

undertaken in cooperation with other state departments or agencies and

provision shall be made for the funding of such acquisitions and work.

Any real property which the commissioner deems necessary for the

purposes of this section may be acquired and disposed of by him in the

name of the people of the state of New York according to the procedure

provided in this chapter for the acquisition and disposition of property

for state highway purposes. The provisions of this chapter shall also

control the meaning of property as used herein, the manner in which

possession of such property may be obtained and the circumstances under

the procedure by which it may be sold or exchanged. Adjusted claims for

such acquisition and awards and judgments of the court of claims made in

respect thereto shall be paid out of the state treasury from moneys

available for the purposes of this section. All state departments,

agencies, counties, towns and villages are hereby authorized to enter

into agreements with the commissioner of transportation for the purposes

of this section.

When a bikeway constructed on property acquired in accordance with the

provisions of this section must cross a railroad, it shall be deemed a

public crossing. If the commissioner shall determine that it is

impracticable to construct such bikeway above the grade of the railroad,

the commissioner shall determine the manner and method of crossing at

grade and what safeguards shall be maintained.

The commissioner is hereby authorized to provide for the separation of

such bikeway-railroad crossing or for the construction of a

bikeway-railroad crossing at grade. The cost of construction of such

separation facilities or grade crossings, including the cost of such

crossing protection as is ordered by the commissioner, shall be a proper

charge against funds available for the construction, reconstruction,

improvement or maintenance of state highways.

Upon completion of construction, the bikeway-railroad crossing shall

be maintained as follows:

The grade crossing surface shall be maintained and kept in repair by

the railroad for the width of the crossing as constructed, between the

rails and for a distance of two feet either side or outer rail at the

crossing. The railroad shall also maintain and keep in repair any

protective devices installed by the railroad at the crossing.

Notwithstanding the provisions of section ninety-three of the railroad

law, bikeway-railroad separation structures constructed pursuant to this

section shall be maintained and kept in repair by the state department

or agency, public authority or municipality responsible for the

maintenance of the bikeway.

The commissioner is hereby authorized to submit plans for such

acquisitions and work to the chief engineer of the railroad crossed by

the bikeway for review and recommendation prior to such work being

undertaken and the commissioner may enter into agreement with the

railroad for the entry upon lands owned by the railroad, for the

construction of the bikeway-railroad crossing and for the reimbursement

to the railroad for all construction cost incurred by the railroad, in

the same manner as is used in connection with the construction of state

highways.

In the event the commissioner and the railroad are unable to agree

upon the terms of such agreement, the procedure for the resolution of

such disagreement as outlined in subdivision twenty-four-c of section

ten of this article shall apply.