§ 22 — Multi-use areas adjacent to and recreational, natural and scenic areas along state highways

§ 22. Multi-use areas adjacent to and recreational, natural and scenic\nareas along state highways. The commissioner of transportation is hereby\nauthorized and empowered to acquire property in order to provide\nmulti-use areas adjacent to state highways and recreational, natural and\nscenic areas along, but not necessarily contiguous to, state highways,\nexcept that the commissioner may acquire property anywhere in the state\nfor the purpose of constructing bikeways. Such multi-use areas may be\nutilized for, but not limited to walking, hiking, bicycle, trail-bike,\nrecreational vehicle and snowmobile trails and the installation of\npublic utilities. Such acquisitions shall constitute a state highway\npurpose. Property acquired for multi-use areas shall be such as to\ncomplement the highway facilities by providing the multi-use areas\nadjacent to the highway facilities. Property acquired for recreational,\nnatural and scenic areas along, but not necessarily contiguous to, state\nhighways shall consist of predominantly unimproved, natural or scenic\nareas suitable to serve the recreational needs of the expanding\npopulation of the state, or desirable to preserve the natural or scenic\nresources of the state, and shall lend itself to restoration,\npreservation or enhancement as a recreational, natural or scenic area or\nprovides visual access from the highway to such an area. The\ncommissioner is hereby authorized to undertake work of construction,\nimprovement, restoration, preservation or enhancement of such areas and\nthe expense of such work may be a proper charge against funds available\nfor the construction, reconstruction, improvement or maintenance of\nstate highways. The commissioner shall submit plans for such\nacquisitions and work to the department of state, the office of parks,\nrecreation and historic preservation and the department of environmental\nconservation for review and recommendation prior to such acquisitions\nand work being undertaken. Such acquisitions and work, and any\nagreements entered into in connection therewith, shall not be undertaken\nunless approved by the director of the budget. Such acquisitions and\nwork in multi-use areas may be undertaken pursuant to a written\nagreement with a person, firm, corporation, public authority, city,\ncounty, town, village, or state department or agency, which agreement\nshall provide for the funding of such acquisitions and work. Such\nacquisitions and work in recreational, natural or scenic areas may be\nundertaken in cooperation with other state departments or agencies and\nprovision shall be made for the funding of such acquisitions and work.\nAny real property which the commissioner deems necessary for the\npurposes of this section may be acquired and disposed of by him in the\nname of the people of the state of New York according to the procedure\nprovided in this chapter for the acquisition and disposition of property\nfor state highway purposes. The provisions of this chapter shall also\ncontrol the meaning of property as used herein, the manner in which\npossession of such property may be obtained and the circumstances under\nthe procedure by which it may be sold or exchanged. Adjusted claims for\nsuch acquisition and awards and judgments of the court of claims made in\nrespect thereto shall be paid out of the state treasury from moneys\navailable for the purposes of this section. All state departments,\nagencies, counties, towns and villages are hereby authorized to enter\ninto agreements with the commissioner of transportation for the purposes\nof this section.\n When a bikeway constructed on property acquired in accordance with the\nprovisions of this section must cross a railroad, it shall be deemed a\npublic crossing. If the commissioner shall determine that it is\nimpracticable to construct such bikeway above the grade of the railroad,\nthe commissioner shall determine the manner and method of crossing at\ngrade and what safeguards shall be maintained.\n The commissioner is hereby authorized to provide for the separation of\nsuch bikeway-railroad crossing or for the construction of a\nbikeway-railroad crossing at grade. The cost of construction of such\nseparation facilities or grade crossings, including the cost of such\ncrossing protection as is ordered by the commissioner, shall be a proper\ncharge against funds available for the construction, reconstruction,\nimprovement or maintenance of state highways.\n Upon completion of construction, the bikeway-railroad crossing shall\nbe maintained as follows:\n The grade crossing surface shall be maintained and kept in repair by\nthe railroad for the width of the crossing as constructed, between the\nrails and for a distance of two feet either side or outer rail at the\ncrossing. The railroad shall also maintain and keep in repair any\nprotective devices installed by the railroad at the crossing.\n Notwithstanding the provisions of section ninety-three of the railroad\nlaw, bikeway-railroad separation structures constructed pursuant to this\nsection shall be maintained and kept in repair by the state department\nor agency, public authority or municipality responsible for the\nmaintenance of the bikeway.\n The commissioner is hereby authorized to submit plans for such\nacquisitions and work to the chief engineer of the railroad crossed by\nthe bikeway for review and recommendation prior to such work being\nundertaken and the commissioner may enter into agreement with the\nrailroad for the entry upon lands owned by the railroad, for the\nconstruction of the bikeway-railroad crossing and for the reimbursement\nto the railroad for all construction cost incurred by the railroad, in\nthe same manner as is used in connection with the construction of state\nhighways.\n In the event the commissioner and the railroad are unable to agree\nupon the terms of such agreement, the procedure for the resolution of\nsuch disagreement as outlined in subdivision twenty-four-c of section\nten of this article shall apply.\n