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This entry was published on 2014-09-22
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SECTION 82
Relocation of railroads
Rapid Transit (RAT) CHAPTER 48-A, ARTICLE 7
§ 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 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.