N.Y. Highway Law § 50: Petition for improvement of highway where a street surface railroad is laid

§ 50. Petition for improvement of highway where a street surface

railroad is laid. Where a street surface railroad shall be laid in any

street, highway or public place in any town, village, or in any city of

the second or third classes, which it was heretofore or shall hereafter

be determined to pave, improve, reconstruct or repair, as provided in

this chapter, the municipality may petition for such improvement as

provided in sections forty-six, forty-seven, forty-eight or forty-nine.

If such petition is approved by the department of transportation the

procedure to be followed shall be that prescribed in the sections

mentioned above and the proposals and contract for such improvement,

reconstruction or repair shall include the improvement, reconstruction

or repair of the space between the tracks of such street surface

railroad, the rails of such tracks and two feet in width outside of such

tracks, and the work of improvement, reconstruction or repair in such

space shall be done at the same time and under the same supervision as

the work of improvement, reconstruction or repair of the remainder of

such street, highway or public place. The department of transportation

may prescribe the materials to be used in paving, improving,

reconstructing or repairing such street, highway or public place within

the railroad space above described, and upon the proper completion of

the work, the department of transportation shall certify to the board of

trustees of such village, or the common council of cities of the second

or third classes, as the case may be, the cost of the pavement,

improvement, reconstruction or repair of such street, highway or public

place within such railroad space, and the entire expense of the

pavement, reconstruction or repair within such railroad space whether

heretofore or hereafter made or ordered, shall be assessed and levied

upon the property of the company owning or operating such railroad, and

shall be collected in the same manner as other expenses for local

improvements are assessed, levied and collected in such town, village or

city; and an action may also be maintained by the municipality against

the company in any court of record for the collecton of such expense and

assessment.