N.Y. Transportation Law § 14-d: Rail service preservation

§ 14-d. Rail service preservation. 1. Authorization is hereby given to

the commissioner of transportation:

a. to acquire, by purchase, gift, grant, transfer, contract or lease,

any rail transportation facility with the state, or any part thereof, or

the use thereof, and to utilize any such rail transportation facility,

or any property acquired pursuant to the provisions of section eighteen

of this chapter, for the purposes of rail transportation service thereon

or therewith;

b. to enter into contracts with any person, firm, corporation or

agency, including but not limited to any railroad company, state agency,

the federal government, the Canadian government, any other state or

agency or instrumentality thereof, any public authority of this or any

other state, or any political subdivision or municipality of the state,

for the purpose of providing, maintaining and improving rail

transportation service on the rail transportation facilities thereof;

c. to sell, lease or otherwise contract for the utilization of any

rail transportation facilities, or portion thereof, owned or acquired

pursuant to this section or pursuant to section eighteen of this

chapter, for the purpose of providing for, maintaining and improving

rail transportation service thereon.

* d. to acquire by eminent domain, pursuant to the eminent domain

procedure law and section thirty of the highway law, any property,

property rights or property interests, including easements, air rights

and subsurface rights, whether or not now or previously designated as

parkland, or otherwise dedicated to a public use as parkland,

(hereinafter "property interests"), and, provided with respect to real

property now or previously designated as parkland, just compensation

therefor shall be calculated as an amount equal to the appraised fair

market value of the parkland being discontinued, and further provided

only to the extent that such property interests are, in the judgement of

the commissioner, necessary for the construction, use, occupancy,

operation, and maintenance of an airport access mass transit facility

for LaGuardia airport via elevated guideway, and related ancillary

facilities for airport access mass transit maintenance, parking for

persons using the airport access mass transit facility and additional

limited purposes directly related to operation of an airport access mass

transit project, temporary laydown and construction areas, and air

rights and subsurface rights related to an elevated guideway, including

appropriate entry and exit points for users of the airport access mass

transit facility and any property interests necessary for an adjustment

of the piers supporting the pedestrian bridges crossing the Grand

Central Parkway to maintain accessibility, and any vehicle entry and

exit points to the Grand Central Parkway located along either side of

the corridor, in all cases running along a route from LaGuardia airport

on or near the Grand Central Parkway, thence along the edge of the Citi

Field parking lot previously alienated for stadium use, next alongside

the existing elevated track for the No. 7 subway and terminating at

subway rail yards and other transportation staging and storage areas

within a corridor more specifically defined pursuant to section three

hundred forty-nine-g of the highway law; and to utilize, or sell, lease,

contract, or otherwise transfer the acquired property interests together

with property interests it otherwise holds and/or grant easements,

licenses, permits, concessions or other authorizations, to the Port

Authority of New York and New Jersey to facilitate the construction

(including temporary laydown), and permanent use, occupancy, operation,

and maintenance of the airport access mass transit facility, related

ancillary facilities for airport access mass transit maintenance,

parking for persons using the airport access mass transit facility and

additional limited purposes directly related to operation of an airport

access mass transit project; provided however, this subdivision does not

authorize acquisition of property interests for a self-standing facility

constructed to house premises for automobile rental operations.

* NB Repealed June 25, 2028 only if no property interests have been

acquired pursuant to chapter 78 of 2018

2. The commissioner, may, subject to the concurrence of the director

of the budget:

a. Operate, maintain, renovate, repair, improve, extend or establish

any rail transportation facility or any related services and activities,

or may provide therefor by contract, lease or other arrangement with any

person, firm, corporation or agency, including but not limited to any

railroad company, state agency, the federal government, the Canadian

government, any other state or agency or instrumentality thereof, any

public authority of this or any other state, or any political

subdivision or municipality of the state.

b. Enter into joint service agreements on behalf of the state with any

railroad company, and any other state department or agency, the federal

government, the Canadian government, any other state or agency or

instrumentality thereof, any public authority of this state or any other

state, or any political subdivision or municipality of the state,

relating to property, buildings, structures, facilities, services,

rates, fares, classifications, dividends, allowances or charges, or

rules or regulations pertaining thereto, for or in connection with or

incidental to transportation in part upon rail transportation facilities

provided pursuant to this section.

c. Acquire by purchase, gift, grant, transfer, contract or lease any

rail transportation facility, or any part thereof, necessary for or

incidential to the effectuation of the purposes of this section.

d. Utilize federal monies available or which may become available to

the state for the purpose of effectuating the provisions of this section

and enter into any necessary agreements required to meet federal

standards and criteria in connection therewith.

e. Establish, levy and collect or cause to be established, levied and

collected and, in the case of a joint service arrangement, join with

others in the establishment, levy and collection of such fares, tolls,

rentals, rates, charges and other fees as he may deem necessary,

convenient or desirable for the use and operation of any such rail

transportation facility and related services.

f. Sell, transfer, lease or contract for the sale, transfer or lease

of any rail transportation facility, or any part thereof, necessary for

or incidental to the effectuation of the purposes of this section.

g. Do all things necessary, convenient or desirable to carry out the

purposes of this section.

3. For the purposes of this section, the term "rail transportation

facility" shall include railroad rights of way as well as trackage,

rails, cars, locomotives, rolling stock, signal, power, fuel,

communication and ventilation systems, power plants, stations,

terminals, storage yards, repair and maintenance shops, yards, equipment

and parts, offices, and other incidental real estate or personalty used

or held for or incidental to the operation, rehabilitation or

improvement of any railroad operating rail passenger or rail freight

transportation services, or to operate such services, including, but not

limited to buildings, structures and rail property.

4. Notwithstanding the provisions of any other general special or

local law, expenses of the department of transportation incurred in

connection with the provision of rail transportation services as

authorized by this section, may, with the approval of the director of

the budget, be paid out of the gross revenues, if any, received pursuant

to the authorization herein contained. All other revenues surplus to

these expenses shall be paid into the state treasury to the credit of

the general fund.