N.Y. Transportation Law § 223: Expenses of elimination; approval and payment; costs of railroad improvements

§ 223. Expenses of elimination; approval and payment; costs of

railroad improvements. The expense of every highway-railroad grade

crossing elimination project constructed pursuant to the provisions of

this article, including incidental improvements connected therewith, as

determined by the commissioner to be necessary or desirable because of

the elimination and reasonably included in the plans for such

elimination and railroad improvements not an essential part of the

elimination but desired by the railroad company, shall be paid in the

first instance out of the state treasury to the persons and corporations

entitled thereto from time to time on accountings and vouchers, approved

by the commissioner, upon audit and warrant of the comptroller. Such

expense shall be deemed to include any reasonable and necessary

expenditures by a railroad company, state department, agency or

commission, public authority or municipality and found by the

commissioner to have been made in contemplation of the commencement of

construction of an elimination project under the provisions of grade

crossing elimination acts in effect on the date of enactment of this

article. Where a railroad company, state department, agency or

commission, public authority or municipality has been authorized to

incur and has incurred any expense in connection with a highway-railroad

grade crossing elimination, it shall file a statement thereof with the

commissioner. The commissioner shall determine if such expenses are

reasonable and necessary for the elimination or for incidental

improvements made necessary or desirable thereby and, to the extent so

determined, they shall be paid by the state to the party or parties

entitled thereto and included in the cost of the project.

There shall also be included in the cost of the project all expenses

incurred by the commissioner in determining the cost of railroad

improvements not an essential part of an elimination and in determining

the amount of the net benefits to a railroad company from the

elimination. Such expenses of the commissioner shall be paid out of the

state treasury to the persons entitled thereto from time to time in

accordance with a schedule approved by the director of the budget and on

accountings and vouchers, approved by the commissioner, upon audit and

warrant of the comptroller, and any moneys available for the payment of

the cost of the elimination in connection with which such expenses are

incurred shall be available for the payment of such expenses.

Upon the completion and acceptance of the work of the elimination the

commissioner shall hold a public hearing upon due notice to the railroad

company affected by the project and all other interested parties and

thereupon shall determine (1) the cost of such elimination including

incidental improvements connected therewith; (2) the cost of such

elimination exclusive of such incidental improvements; (3) the cost of

the railroad improvements not an essential part of the elimination; (4)

the amount of the net benefit to the railroad company from the

elimination exclusive of such railroad improvements; and (5) if two or

more railroad companies be affected, the proportionate share of such net

benefit to be borne by each.

The liability of any railroad company to the state for the cost of

railroad improvements not an essential part of the elimination and for

the amount of the net benefit to such company from the elimination may

be compromised and settled by an agreement in writing with such company,

entered into, on behalf of the state, by the commissioner with the

written approval of the comptroller and the attorney-general. Such an

agreement shall have the same effect as a determination by the

commissioner hereinbefore provided for.

The comptroller may require the accounts of the railroad companies,

state departments, agencies or commissions, public authorities or

municipalities having to do with expenditures made on account of

highway-railroad grade crossing elimination projects be kept in a manner

to be prescribed by him.