N.Y.
Rapid Transit Law Section 82
Relocation of railroads
a.
Upon application of any person owning a railroad wholly or in part within the limits of the city, the commission, if in its judgment the public interests so demand, with the approval of the board of estimate and the mayor, may fix and determine the route upon which such person may relocate its railroad, or some specified portion thereof, including devices and appurtenances. The commission shall fix and determine the location and plan of construction of such railroad or portion thereof as so relocated upon such new route, the times within which it shall be constructed upon such new route, and such other terms, conditions and requirements as to such commission shall appear just and proper for the exercise of the franchise of such person upon such new route. Such railroad or portion thereof with the devices and appurtenances when so relocated shall be held by such person under the terms and privileges of his franchise except as may be otherwise specified and agreed in such grant, in place of the railroad or portion thereof as it existed prior to such relocation. Such railroad or portion thereof theretofore existing prior to such relocation shall thereupon be removed and all right to hold, maintain or operate it upon the former route, except the portion if any thereof not so relocated, shall cease. Provided, however, that the construction and operation of such railroad or portion thereof as so relocated upon the new route, fixed and determined by the commission as aforesaid, are authorized only upon condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the board of estimate and the mayor, be first obtained. In case the consent of such property owners cannot be obtained, the appellate division of the supreme court in the department in which such relocation is proposed, upon application in the same manner and on the same notice, specified in § 21 (Approval and consent of board of estimate and the mayor)section twenty-one of this chapter, may appoint three commissioners who shall determine after a hearing of all the parties interested whether such proposed relocated railroad ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners.b.
As part of the consideration for surrender by such person of any and all right to maintain and operate its railroad or portion thereof and the structures therefor upon any street in its existing route and the grant of the right to relocate, the grant may provide that the expense of taking away the structure and restoring the streets and of reconstructing the structure in the new location, including the acquisition of property necessary therefor, shall be borne by the person or by the city or partly by the such person and partly by the city. The grant may provide as to the amounts of contributions therefor and by whom and at what time such contributions shall be made. The grant may also provide as to the measure of compensation to be made for existing railroad rights and structures and for such new rights and structures acquired under such grant or for either thereof, and the manner of paying for them, as to the mode and manner of making and carrying into effect such relocation and the conditions upon which it is to be done and how and when it shall take place and be completed and fix the details incident and necessary to the removal, abandonment or rebuilding of the old structure or any part thereof. If the public interests, in the opinion of the commission shall justify the provisions, the grant may provide that the construction of any part of the railroad or portion thereof so relocated upon such new route included in such grant, with the consent of the commission, may be suspended during the term of such grant or any part of such term, provided that during such term or part of term there shall be available for use, in lieu of such part of the railroad or portion thereof, a railroad or a portion of a railroad which, with the part of the railroad or a part of the portion of the railroad relocated and constructed under such grant, shall form a continuous and convenient route.c.
The grant may provide that in case the necessary consents have been obtained the city shall itself in whole or in part construct, or shall in whole or in part equip, the railroad or portion thereof as relocated upon such new route, and in such case the commission, acting for and on behalf of the city, as soon as such consents where necessary have been obtained, with the approval of the board of estimate and the mayor, may enter into a contract with any person which, in the opinion of the commission, may be best qualified to carry out such contract for the construction or equipment of such railroad or portion thereof, or such part of such construction or equipment, for such sum of money to be raised and paid out of the treasury of such city as provided in this section and upon such terms and conditions as the commission shall determine to be best for the public interests. The commission, in its discretion, by separate contracts executed from time to time or at the same time, may contract with one or more persons for the performance of any kind of work or any portion of the work, or for the furnishing of any material, or for the performance of any labor necessary for or incidental to the construction or the equipment of such railroad or portion thereof so relocated, or any part thereof, which, under the terms of such grant, the city may be under obligation to construct or equip.d.
For the purpose of constructing or of equipping such railroad or portion thereof as relocated, for the construction or equipment of which a contract shall have been made by the commission as aforesaid, and for the operation thereof when constructed, the commission for and on behalf of the city may acquire by conveyance or grant to such city, or by condemnation or other legal or other proceedings, any and all property which in the opinion of the commission it shall be necessary to acquire or extinguish for the purpose of constructing, equipping or operating such railroad or portion thereof, free of interference or right of interference, in the same manner and to the same extent and with like power and authority as provided in this chapter with reference to the acquisition of property for the constructing or operating of any railroad for the construction or operation of which a contract shall have been made under section thirty-one or section forty of this chapter.e.
For the purpose of providing the necessary means for the construction or equipment by the city of any part of any railroad or portion thereof relocated upon any such new route and the necessary means to pay for property rights which shall be acquired by the city for the purposes of the construction or the equipment or for the operation of such part of any railroad or portion thereof relocated upon such new route hereunder the city, from time to time, and as the same shall be necessary, and upon the requisition of such commission, shall make funds available therefor and the proceeds of the same shall be paid out and expended for such purposes upon vouchers certified by such commission. No contract for the construction or equipment of any part of such railroad or portion thereof to be so relocated upon such new route shall be made unless and until the city shall have consented thereto and prescribed a limit to the amount of money available for the purposes of this section which shall be sufficient to meet the requirements of such contract in addition to all expenses theretofore incurred and to be satisfied from such money.f.
A certificate shall be prepared by the commission, attested by its seal and the signature of its presiding officer, setting forth in detail the action taken by the commission with respect to such relocation of such railroad or portion thereof and the terms, conditions and requirements aforesaid. A like certificate shall be prepared in like manner upon every modification of the terms of the contract. Such certificate shall be delivered to such person upon the receipt by such commission of a written acceptance of such terms, conditions and requirements duly executed by such person so as to entitle it to be recorded. Such certificate shall be filed in the office of the secretary of state, and a duly certified copy thereof shall be filed in the office of the clerk of each county to which the privilege granted thereunder shall pertain.g.
Upon the filing of such certificate and upon fulfillment by such person, so far as it relates to such relocation of such railroad or position thereof of such of the requirements and conditions as are necessary to be fulfilled in such cases under section seventeen of article three of the constitution, and upon fulfillment by such person of such other terms, conditions and requirements enumerated in such certificate as the commission may require to be fulfilled as a condition precedent to commencing such work, such person, in such cases, shall possess in addition to its already existing franchises all the powers conferred by this chapter upon corporations with respect to the railroads authorized to be relocated as aforesaid. When any route for the relocation of such railroad or portion thereof shall be so fixed and determined, and a certificate as aforesaid shall have been duly filed, such person may construct such railroad or portion thereof upon such new route, with all the rights and with like effect as though the same had been a part of the original route of such railroad then in actual operation, except as may be otherwise provided in such certificate. A franchise, right or authority shall not be granted under this section to relocate any railroad or portion thereof for a longer period than the unexpired term of the original grant, franchise or contract of the railroad, and any renewal thereof contained in such contract, as to which railroad or portion thereof such relocation may be authorized. Any such franchise, right or authority granted hereunder shall also be subject to be terminated by the city in like manner and under the same terms and conditions and at the same time as may be provided in such original grant or contract for the termination or taking by the city of that grant, if provision therefor be made thereunder.h.
Such certificate when delivered and accepted by such person, shall be deemed to constitute a contract between such city and such person according to the terms of such certificate. Such contract shall be enforceable by the commission, acting in the name of and in behalf of such city, or by such person according to the terms thereof, but subject to the provisions of this chapter. The terms of such contract, from time to time, with the consent of such person, may be modified by the commission.i.
A grant, certificate or contract resulting therefrom, or any modification thereof, shall be invalid unless first approved by the board of estimate and the mayor.j.
Whenever any railroad or portion thereof is to be removed from any street and relocated on property, including existing railroad tracks, structures, equipment, and appurtenances thereof, acquired by and belonging to the city or held by or for it and used for bridge, bridge approach, plaza or railroad or other purposes, the provisions of this section shall be applicable to such removal and relocation. Notwithstanding the provisions of any charter or administrative code of such city or of any other act or law general, special or local or of any local law of such city, any and all property rights in such property including existing railroad tracks, structures, equipment and appurtenances thereof constructed thereon or to be constructed thereon under any such plan for such relocation may be granted under and in accordance with the provisions of this section as may be necessary or convenient to carry out such relocation in accordance with the terms of such grant.
Source:
Section 82 — Relocation of railroads, https://www.nysenate.gov/legislation/laws/RAT/82 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
