N.Y. Highway Law § 254: Acquisition of certain toll bridges at the expense of the state

§ 254. Acquisition of certain toll bridges at the expense of the

state. 1. If a toll bridge for the traffic of vehicles and foot

passengers is located on a state highway or constitutes a connecting

link between two state routes as described in section three hundred

forty-one of this chapter, or constitutes a part of a state route and is

included in the description thereof, or constitutes a connecting link

between improved state highways or constitutes a connecting link between

a state highway heretofore improved and a state highway which is

indicated for improvement by section three hundred forty-one, the board

of supervisors of the county in which such bridge is situated, or if

situated in two counties the boards of supervisors of such counties

concurrently, may, by resolution, petition the department of

transportation for the acquisition of such bridge by the state pursuant

to this section. Within ten days after the passage of such resolution

the clerk or clerks of the board or boards of supervisors shall transmit

certified copies thereof to the department of transportation together

with an estimate of the probable cost of acquiring the same and any data

in relation to the value thereof which the board or boards of

supervisors may secure.

2. The commissioner of transportation shall upon receipt of such

resolution or concurrent resolution, and within three months thereafter,

investigate and determine whether the public interest demand the

acquisition of such bridge by the state and shall also within said three

months approve or disapprove of such resolution and if such resolution

be approved shall prepare an estimate of the probable cost of acquiring

such bridge. If such resolution be disapproved the department of

transportation shall certify its reason therefor to such board or boards

of supervisors.

3. If it be approved the department of transportation is hereby

authorized and empowered to agree with the corporation owning the said

bridge upon the compensation which shall be made to it for the said

bridge and its appurtenances, its franchises, its rights for the

maintenance and use of said bridge, and any and all damage which shall

result to said corporation so owning the said bridge by reason of the

taking of such structure, and such agreement shall be reduced to writing

and executed by the department of transportation in the name of the

people of the state of New York and by the corporation owning the said

bridge, and filed in the office of the comptroller of the state of New

York.

4. In the event that no agreement is reached between the said

department of transportation and the corporation owning the said bridge

for such purchase as aforesaid, the department of transportation shall

certify its approval to the attorney general and transmit to him the

estimate made by the department of transportation of the probable cost

of acquiring such toll bridge, franchises and rights, and the amount of

any and all damage incurred by such acquisition, together with all data

the department of transportation may have in its possession in relation

thereto.

5. Upon the receipt of such certificate of approval, if and when

sufficient money shall have been appropriated by the state therefor, the

attorney general shall acquire in the name of the people of the state in

accordance with the provisions of the eminent domain procedure law,

title to such bridge and the franchise therof; and, in such event, such

corporation shall have pursuant to the eminent domain procedure law the

right to prosecute in the court of claims which shall have jurisdiction

in the premises, any claim which it may have for damages for the takings

of its said property.

6. The amount agreed upon between the said department of

transportation and the said corporation, pursuant to such agreement so

filed as aforesaid, or if no agreement be reached, the amount so

determined by the court, shall be paid by the department of taxation and

finance upon the warrant of the comptroller out of the moneys

appropriated for such purpose. Until payment to such corporation be made

after such agreement of the amount therein agreed to be paid or upon

acquisition, unless the commissioner of transportation shall enter upon

and take possession of such property as provided by this section, until

the amount so determined by the court of claims in such acquisition

proceedings, the corporation owning the said bridge shall be entitled to

continue in possession and use thereof and of all the rights, privileges

and franchises enjoyed by it in connection therewith, but upon such

payment being made such bridge and all rights and franchises in

connection therewith shall become the property of the state of New York

and shall be maintained by the state as a free bridge and as a part of

the state system of highways.

7. If such bridge be acquired by the state pursuant to this section

the same shall not be used except as hereinafter provided by any

railroad, telephone, gas, electric light, heat or power company or any

other public service corporation for any purpose except upon such

reasonable terms and the payment of such reasonable rental to the state

as shall be determined by the department of transportation. The money

received therefor shall be paid into the state treasury and so much

thereof as may be needed appropriated for the maintenance of such

bridge. The provisions of this section, however, shall not affect any

existing contract for the use of such bridge by any corporation except

that the compensation provided for such use in such existing contract

shall be paid to the state.

8. Notwithstanding the provisions of this section, if any such bridge

be owned by a domestic corporation carrying on the business of operating

a railroad and which operates cars thereover, the department of

transportation in entering into such agreement or the commissioners in

condemnation in making such appraisal and fixing such damages as

aforesaid may take into consideration any bonds outstanding of such

corporation which may have been authorized by the department of

transportation or the predecessor thereof, to be issued by such

corporation for the purchase of said bridge and its franchises or the

stock of any corporation formerly owning the said bridge, and shall fix

and determine in making such appraisal the amount of any and all damage

which will result to such corporation so owning such bridge by reason of

the taking of the said bridge and its rights and franchises in

connection therewith and such corporation when said bridge shall have

been acquired and such compensation paid, and its successors, shall be

permitted to continue to use said structure upon payment of such

reasonable rental to the state for such use as shall be determined by

the department of transportation, and further provided that if such

corporation, or any successor thereof, should desire to use other parts

or decks of such bridge or to make such use thereof as would require the

strengthening, reconstruction or change of the said bridge or its

approaches, or the building of new approaches to the said bridge, such

corporation or its successors may make such use thereof and strengthen,

reconstruct or make such changes in the said bridge or its approaches or

build new approaches to the said bridge and use the same in such manner

upon filing with the department of transportation detailed plans for the

proposed new use thereof, or for the strengthening, reconstruction of or

changes in the said bridge or its approaches or for the building of new

approaches to the said bridge, and upon obtaining the approval of such

use and plans by the department of transportation and upon payment of

such further reasonable rental to the state for any such additional use

of said structure or such approaches as shall be determined by the

department of transportation; provided further that the entire cost of

any such strengthening, reconstruction, additions or changes of the said

bridge or its approaches shall be paid exclusively by the corporation

making such use of said bridge and shall be deemed to be an expenditure

for capital purposes of such corporation paying the same for all

purposes whatsoever. Any such corporation using such bridge at the time

of the acquisition thereof by the state shall not be debarred from

continuing such use by reason of such acquisition; but the failure or

refusal to comply with such terms or to pay such rental shall forfeit

the right of such corporation to use such bridge, and the department of

transportation is hereby authorized and empowered to close such bridge

to the use of such offending corporation.

9. Any act or failure to act on the part of the department of

transportation as in this section provided shall be reviewable by the

supreme court of this state in the manner provided by article

seventy-eight of the civil practice law and rules.