N.Y. Highway Law Section 50
Petition for improvement of highway where a street surface railroad is laid

Where a street surface railroad shall be laid in any street, highway or public place in any town, village, or in any city of the second or third classes, which it was heretofore or shall hereafter be determined to pave, improve, reconstruct or repair, as provided in this chapter, the municipality may petition for such improvement as provided in sections forty-six, forty-seven, forty-eight or forty-nine. If such petition is approved by the department of transportation the procedure to be followed shall be that prescribed in the sections mentioned above and the proposals and contract for such improvement, reconstruction or repair shall include the improvement, reconstruction or repair of the space between the tracks of such street surface railroad, the rails of such tracks and two feet in width outside of such tracks, and the work of improvement, reconstruction or repair in such space shall be done at the same time and under the same supervision as the work of improvement, reconstruction or repair of the remainder of such street, highway or public place. The department of transportation may prescribe the materials to be used in paving, improving, reconstructing or repairing such street, highway or public place within the railroad space above described, and upon the proper completion of the work, the department of transportation shall certify to the board of trustees of such village, or the common council of cities of the second or third classes, as the case may be, the cost of the pavement, improvement, reconstruction or repair of such street, highway or public place within such railroad space, and the entire expense of the pavement, reconstruction or repair within such railroad space whether heretofore or hereafter made or ordered, shall be assessed and levied upon the property of the company owning or operating such railroad, and shall be collected in the same manner as other expenses for local improvements are assessed, levied and collected in such town, village or city; and an action may also be maintained by the municipality against the company in any court of record for the collecton of such expense and assessment.

Source: Section 50 — Petition for improvement of highway where a street surface railroad is laid, https://www.­nysenate.­gov/legislation/laws/HAY/50 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

29
Property for highways, bridges and other highway uses and purposes to be acquired by acquisition 30
Acquisition by the state of property required for the construction and reconstruction of state highways and structures thereon 31
Exchange of reservation lands of the Seneca Nation of Indians 38
Contracts for construction or improvement of highways 39
Patented material or articles 40
Authority of commissioner of transportation with respect to the performance of contracts for construction, reconstruction or improvement ... 41
Maintenance of highways after preliminary work pending permanent paving 42
Maintenance of detours during construction 42‑A
Establishment of temporary detours when state highways are being maintained or repaired 43
Intersections, grading and paving on county roads and town highways at intersection with and during construction or reconstruction of sta... 44
Acceptance of state highways when completed 45
Entry upon adjacent lands and streams 46
State highways in villages 47
Connecting highways in villages 48
State highways of additional width and increased cost at expense of town 49
Improvement of state highways at expense of county or at the joint expense of such county and any city, village or town 50
Petition for improvement of highway where a street surface railroad is laid 51
Repair of highways at railroad crossings 52
Permits for work within the state highway right of way 53
Highways and bridges on Indian reservations 53‑A
Highways on Indian reservations 54
Sidewalks along improved state highways 54‑A
Reestablishment of approaches to private lands 55
Emergency aid for control of snow and ice in municipalities 56
State to maintain roads improved by state appropriations under special laws 57
Maintenance by state of canal bridge approaches 58
Liability of state for damages 59
Additional width, different type of construction or other additional work under repair or reconstruction contracts 60
Sprinkling 61
Payment by counties of a portion of the cost of construction under repair contracts 62
Improvement of alignment and of dangerous conditions on repair work 63
Discontinuance of part of highway due to grade crossing elimination 64
Maintenance by state of certain improved roads and highways 65
Lands may be sold or leased 66
Replacement water sources
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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 50’s source at nysenate​.gov

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