N.Y.
Transportation Law Section 14-D
Rail service preservation
1.
Authorization is hereby given to the commissioner of transportation:a.
to acquire, by purchase, gift, grant, transfer, contract or lease, any rail transportation facility with the state, or any part thereof, or the use thereof, and to utilize any such rail transportation facility, or any property acquired pursuant to the provisions of § 18 (Acquisition of abandoned railroad transportation property)section eighteen of this chapter, for the purposes of rail transportation service thereon or therewith;b.
to enter into contracts with any person, firm, corporation or agency, including but not limited to any railroad company, state agency, the federal government, the Canadian government, any other state or agency or instrumentality thereof, any public authority of this or any other state, or any political subdivision or municipality of the state, for the purpose of providing, maintaining and improving rail transportation service on the rail transportation facilities thereof;c.
to sell, lease or otherwise contract for the utilization of any rail transportation facilities, or portion thereof, owned or acquired pursuant to this section or pursuant to section eighteen of this chapter, for the purpose of providing for, maintaining and improving rail transportation service thereon. * d. to acquire by eminent domain, pursuant to the eminent domain procedure law and Highway Law § 30 (Acquisition by the state of property required for the construction and reconstruction of state highways and structures thereon)section thirty of the highway law, any property, property rights or property interests, including easements, air rights and subsurface rights, whether or not now or previously designated as parkland, or otherwise dedicated to a public use as parkland, (hereinafter “property interests”), and, provided with respect to real property now or previously designated as parkland, just compensation therefor shall be calculated as an amount equal to the appraised fair market value of the parkland being discontinued, and further provided only to the extent that such property interests are, in the judgement of the commissioner, necessary for the construction, use, occupancy, operation, and maintenance of an airport access mass transit facility for LaGuardia airport via elevated guideway, and related ancillary facilities for airport access mass transit maintenance, parking for persons using the airport access mass transit facility and additional limited purposes directly related to operation of an airport access mass transit project, temporary laydown and construction areas, and air rights and subsurface rights related to an elevated guideway, including appropriate entry and exit points for users of the airport access mass transit facility and any property interests necessary for an adjustment of the piers supporting the pedestrian bridges crossing the Grand Central Parkway to maintain accessibility, and any vehicle entry and exit points to the Grand Central Parkway located along either side of the corridor, in all cases running along a route from LaGuardia airport on or near the Grand Central Parkway, thence along the edge of the Citi Field parking lot previously alienated for stadium use, next alongside the existing elevated track for the No. 7 subway and terminating at subway rail yards and other transportation staging and storage areas within a corridor more specifically defined pursuant to Highway Law § 349-G (Airport access mass transit for LaGuardia airport)section three hundred forty-nine-g of the highway law; and to utilize, or sell, lease, contract, or otherwise transfer the acquired property interests together with property interests it otherwise holds and/or grant easements, licenses, permits, concessions or other authorizations, to the Port Authority of New York and New Jersey to facilitate the construction (including temporary laydown), and permanent use, occupancy, operation, and maintenance of the airport access mass transit facility, related ancillary facilities for airport access mass transit maintenance, parking for persons using the airport access mass transit facility and additional limited purposes directly related to operation of an airport access mass transit project; provided however, this subdivision does not authorize acquisition of property interests for a self-standing facility constructed to house premises for automobile rental operations. * NB Repealed June 25, 2028 only if no property interests have been acquired pursuant to chapter 78 of 2018 2. The commissioner, may, subject to the concurrence of the director of the budget:a.
Operate, maintain, renovate, repair, improve, extend or establish any rail transportation facility or any related services and activities, or may provide therefor by contract, lease or other arrangement with any person, firm, corporation or agency, including but not limited to any railroad company, state agency, the federal government, the Canadian government, any other state or agency or instrumentality thereof, any public authority of this or any other state, or any political subdivision or municipality of the state.b.
Enter into joint service agreements on behalf of the state with any railroad company, and any other state department or agency, the federal government, the Canadian government, any other state or agency or instrumentality thereof, any public authority of this state or any other state, or any political subdivision or municipality of the state, relating to property, buildings, structures, facilities, services, rates, fares, classifications, dividends, allowances or charges, or rules or regulations pertaining thereto, for or in connection with or incidental to transportation in part upon rail transportation facilities provided pursuant to this section.c.
Acquire by purchase, gift, grant, transfer, contract or lease any rail transportation facility, or any part thereof, necessary for or incidential to the effectuation of the purposes of this section.d.
Utilize federal monies available or which may become available to the state for the purpose of effectuating the provisions of this section and enter into any necessary agreements required to meet federal standards and criteria in connection therewith.e.
Establish, levy and collect or cause to be established, levied and collected and, in the case of a joint service arrangement, join with others in the establishment, levy and collection of such fares, tolls, rentals, rates, charges and other fees as he may deem necessary, convenient or desirable for the use and operation of any such rail transportation facility and related services.f.
Sell, transfer, lease or contract for the sale, transfer or lease of any rail transportation facility, or any part thereof, necessary for or incidental to the effectuation of the purposes of this section.g.
Do all things necessary, convenient or desirable to carry out the purposes of this section.3.
For the purposes of this section, the term “rail transportation facility” shall include railroad rights of way as well as trackage, rails, cars, locomotives, rolling stock, signal, power, fuel, communication and ventilation systems, power plants, stations, terminals, storage yards, repair and maintenance shops, yards, equipment and parts, offices, and other incidental real estate or personalty used or held for or incidental to the operation, rehabilitation or improvement of any railroad operating rail passenger or rail freight transportation services, or to operate such services, including, but not limited to buildings, structures and rail property.4.
Notwithstanding the provisions of any other general special or local law, expenses of the department of transportation incurred in connection with the provision of rail transportation services as authorized by this section, may, with the approval of the director of the budget, be paid out of the gross revenues, if any, received pursuant to the authorization herein contained. All other revenues surplus to these expenses shall be paid into the state treasury to the credit of the general fund.
Source:
Section 14-D — Rail service preservation, https://www.nysenate.gov/legislation/laws/TRA/14-D (updated Jun. 29, 2018; accessed Apr. 20, 2024).
