N.Y. Railroad Law Section 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.

Source: Section 92 — Acquisition of land, right or easement in crossing, https://www.­nysenate.­gov/legislation/laws/RRD/92 (updated Sep. 22, 2014; accessed Apr. 20, 2024).

50
Liability of corporation to employees of contractor
51
Weight of rail
51‑A
Clearances
52
Fences, farm crossings and cattle-guards
52‑A
Fences along road operated by electric third rail
52‑B
Fences along right of way
52‑C
Fences in Queens county
52‑D
Debris to be cleared
52‑E
Penalties for littering
53
Sign boards, flagmen and gates at crossings
53‑A
Warning signs
53‑B
Ringing bells and blowing whistles at crossings
53‑C
Obstructing farm and highway crossings
53‑D
Unlawful propulsion of a missile at railroad trains
53‑E
Unlawful interference with a railroad train
53‑F
Joint inspection of traffic-control signals interconnected with highway-rail at-grade crossing warning systems
54
Notice of starting trains
54‑A
Communication
55
Accommodation of connecting roads
56
Locomotives must stop at grade crossings
57
Rates of fare
57‑A
A steam or electric railroad corporation having a franchise from this state, operating to and from stations within a city of over a milli...
58
Excess charge when fare paid on cars
59
Penalty for excessive fare
60
Issue and use of mileage books
61
Passenger refusing to pay fare may be ejected
61‑A
Sounding of certain signals on railroad cars by unauthorized persons
62
Sleeping and parlor cars
63
Persons employed as drivers, conductors, motormen or gripmen
63‑A
Minimum crew size
64
Injuries to employees
65
Conductors and employees must wear badges
66
Checks for baggage
67
Penalties for injuries to baggage
68
Unclaimed freight and baggage
69
Minimum standards for track inspection and maintenance
70
Rights and liabilities as common carriers
71
Duties imposed
71‑A
Reflective whistle signs
72
Inspection of locomotives
73
Inspectors of locomotives
74
Care of steam locomotives
75
commissioner of transportation may approve other safeguards
76
Use of stoves or furnaces prohibited
76‑A
Motor cars and equipment
76‑B
Equipment required on motor vehicles transporting railroad employees
77
Equipment of engines
77‑A
First-aid equipment on locomotives
77‑B
Speedometers on certain locomotives
77‑C
Sanitary conditions
78
Coal jimmies and caboose cars
78‑A
Electric or battery-powered markers
79
Air-brakes
80
Couplers
81
Violation of sections seventy-seven, seventy-seven-c, seventy-eight, seventy-nine, and eighty
82
Canada thistles to be cut
83
Riding on platform
83‑A
Operation of motor vehicles, snowmobiles, recreational vehicles, and riding of animals on railroad property
83‑B
Trespass upon railroad premises
84
Corporations may establish ferries
85
Certain railroads may cease operation in winter
86
Certain railroads need not be operated beyond June, July, August and September
87
Mails
88
When railroads may designate police officers
89
New railroads across streets
90
New streets across railroads
91
Alteration or rehabilitation of existing crossing
92
Acquisition of land, right or easement in crossing
93
Repair of bridges and subways at crossings
93‑A
Maintenance and removal of highway-railroad crossing at grade
93‑B
Maintenance and removal of highway-railroad separation structures
94
Performance of work
95
Proceedings by commissioner of transportation for alteration of existing crossings
96
Proceedings to enforce orders of commissioner of transportation
97
Intercity rail passenger service
97‑A
Commuter rail service
98
Intersection of railroads
99
Application of foregoing section
100
Temporary leave granted by court to a street surface railroad
101
Consent of commissioner of transportation in certain cases
102
Ventilation of tunnels
103
Lighting of tunnels
104
Compliance with orders of commissioner of transportation
105
Enforcement
106
Penalty for violation
107
Judgment-roll
108
Approval of appliances in cities having a population of one million inhabitants or over

Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 92’s source at nysenate​.gov

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