New York Consolidated Laws, Railroad Law - RRD § 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.