N.Y. Railroad Law § 92: Acquisition of land, right or easement in crossing

§ 92. Acquisition of land, right or easement in crossing. The

commissioner of transportation may acquire in the same manner that

property and rights therein are acquired for state highway purposes

pursuant to the highway law, or may direct the municipal corporation

having jurisdiction over the street, avenue, highway or road and in

which the crossing is located, to acquire any lands, rights or easements

necessary or required for the purpose of carrying out the provisions of

sections ninety and ninety-one. In the event that such municipal

corporation is directed to acquire such lands, rights or easements, it

shall do so by purchase, with the approval of the railroad corporation

and the commissioner of transportation, but if unable to do so shall

acquire such lands, rights or easements pursuant to the eminent domain

procedure law, under the charter of or other special act applicable to

such municipal corporation or, in the case of a county to which no

special act is applicable, of sections one hundred eighteen to one

hundred twenty-four, inclusive, of the highway law. The railroad shall

have notice of any such proceedings and the right to be heard therein.

The owner or owners of any claim for the value of property acquired

pursuant to the highway law, where a claim has been filed with the court

of claims, shall cause a copy of such claim to be served upon the

municipal corporation and the railroad corporation and such municipal

corporation and railroad corporation shall have the right to be heard

before said court. No adjustment of claim pursuant to such law shall be

effective without the approval of the municipal corporation and the

railroad corporation. The cost of lands, rights or easements acquired

for the purposes of this section shall be considered a part of the cost

of the project and shall be apportioned in the manner provided in

section ninety-four.

After acceptance of the completed work, the railroad corporation shall

make an application to the commissioner of transportation for conveyance

to it of any lands, rights or easements, acquired by said commissioner

as aforesaid, and/or any other lands, rights or easements owned by the

state which lands, rights or easements are under the jurisdiction of

said commissioner and which are used to accomplish the purposes of this

section, necessary for the proper operation and maintenance of the

railroad. If it shall appear to the commissioner of transportation that

such application is reasonable and the lands, rights or easements are

necessary for the proper operation and maintenance of such railroad and

such lands, rights or easements are not necessary for highway, road or

street purposes, said commissioner shall grant and convey such lands,

rights or easements to such railroad corporation upon such terms and

conditions as he may prescribe. The commissioner of transportation shall

direct the municipal corporation to convey and the municipal corporation

shall convey to the railroad corporation such lands, rights or easements

necessary for the proper operation and maintenance of the railroad which

the municipal corporation has acquired for purposes of this section.

Lands, rights or easements which the commissioner of transportation has

acquired for construction of a project pursuant to this section, other

than those necessary for the operation and maintenance of the railroad,

shall be conveyed by said commissioner to the municipality having

jurisdiction over the street, avenue, highway or road on which the

crossing is located. The commissioner of transportation in determining

the shares of the respective parties in the cost of the project shall

take into consideration the value of all lands, rights or easements

conveyed hereunder.