N.Y. RRD Law § 92

§ 92. Acquisition of land, right or easement in crossing. The\ncommissioner of transportation may acquire in the same manner that\nproperty and rights therein are acquired for state highway purposes\npursuant to the highway law, or may direct the municipal corporation\nhaving jurisdiction over the street, avenue, highway or road and in\nwhich the crossing is located, to acquire any lands, rights or easements\nnecessary or required for the purpose of carrying out the provisions of\nsections ninety and ninety-one. In the event that such municipal\ncorporation is directed to acquire such lands, rights or easements, it\nshall do so by purchase, with the approval of the railroad corporation\nand the commissioner of transportation, but if unable to do so shall\nacquire such lands, rights or easements pursuant to the eminent domain\nprocedure law, under the charter of or other special act applicable to\nsuch municipal corporation or, in the case of a county to which no\nspecial act is applicable, of sections one hundred eighteen to one\nhundred twenty-four, inclusive, of the highway law. The railroad shall\nhave notice of any such proceedings and the right to be heard therein.\n The owner or owners of any claim for the value of property acquired\npursuant to the highway law, where a claim has been filed with the court\nof claims, shall cause a copy of such claim to be served upon the\nmunicipal corporation and the railroad corporation and such municipal\ncorporation and railroad corporation shall have the right to be heard\nbefore said court. No adjustment of claim pursuant to such law shall be\neffective without the approval of the municipal corporation and the\nrailroad corporation. The cost of lands, rights or easements acquired\nfor the purposes of this section shall be considered a part of the cost\nof the project and shall be apportioned in the manner provided in\nsection ninety-four.\n After acceptance of the completed work, the railroad corporation shall\nmake an application to the commissioner of transportation for conveyance\nto it of any lands, rights or easements, acquired by said commissioner\nas aforesaid, and/or any other lands, rights or easements owned by the\nstate which lands, rights or easements are under the jurisdiction of\nsaid commissioner and which are used to accomplish the purposes of this\nsection, necessary for the proper operation and maintenance of the\nrailroad. If it shall appear to the commissioner of transportation that\nsuch application is reasonable and the lands, rights or easements are\nnecessary for the proper operation and maintenance of such railroad and\nsuch lands, rights or easements are not necessary for highway, road or\nstreet purposes, said commissioner shall grant and convey such lands,\nrights or easements to such railroad corporation upon such terms and\nconditions as he may prescribe. The commissioner of transportation shall\ndirect the municipal corporation to convey and the municipal corporation\nshall convey to the railroad corporation such lands, rights or easements\nnecessary for the proper operation and maintenance of the railroad which\nthe municipal corporation has acquired for purposes of this section.\nLands, rights or easements which the commissioner of transportation has\nacquired for construction of a project pursuant to this section, other\nthan those necessary for the operation and maintenance of the railroad,\nshall be conveyed by said commissioner to the municipality having\njurisdiction over the street, avenue, highway or road on which the\ncrossing is located. The commissioner of transportation in determining\nthe shares of the respective parties in the cost of the project shall\ntake into consideration the value of all lands, rights or easements\nconveyed hereunder.\n