N.Y. Railroad Law § 95: Proceedings by commissioner of transportation for alteration of existing crossings

§ 95. Proceedings by commissioner of transportation for alteration of

existing crossings. The commissioner of transportation may, in the

absence of any application therefor, when in his opinion public interest

requires an alteration in an existing grade crossing or a change in any

existing structure above or below grade, institute proceedings on his

own motion for any alteration in an existing grade crossing or structure

for which a municipal corporation may petition under section ninety-one,

upon such notice as he shall deem reasonable, of not less than ten days

however, to the railroad company, the municipal corporation and the

person or persons interested, and proceedings shall be conducted as

provided in section ninety-one. Notwithstanding any other provision of

law the commissioner of transportation shall not, within areas which

were within the jurisdiction of the transit commission on March

thirty-first, nineteen hundred forty-three, order the elevation of any

railroad running longitudinally on a right-of-way in, upon or along a

street, avenue, highway or road without the concurrent approval of the

local authorities of the city on which the railroad or such part thereof

is located. The changes in existing grade crossings or structures

authorized or required by the commissioner of transportation in any one

year shall be so distributed and apportioned over and among the

railroads and the municipalities of the state as to produce such

equality of burden upon them for their proportionate part of the

expenses as herein provided for as the nature and circumstances of the

cases before it will permit.