§ 254 — Acquisition of certain toll bridges at the expense of the state

New York § 254

• Jurisdiction: New York
• Law HAY: Highway
• Art. 9: Bridges

Text

§ 254. Acquisition of certain toll bridges at the expense of the\nstate. 1. If a toll bridge for the traffic of vehicles and foot\npassengers is located on a state highway or constitutes a connecting\nlink between two state routes as described in section three hundred\nforty-one of this chapter, or constitutes a part of a state route and is\nincluded in the description thereof, or constitutes a connecting link\nbetween improved state highways or constitutes a connecting link between\na state highway heretofore improved and a state highway which is\nindicated for improvement by section three hundred forty-one, the board\nof supervisors of the county in which such bridge is situated, or if\nsituated in two counties the boards of supervisors of such counties\nconcurrently, may, by resolution, petition the department of\ntransportation for the acquisition of such bridge by the state pursuant\nto this section. Within ten days after the passage of such resolution\nthe clerk or clerks of the board or boards of supervisors shall transmit\ncertified copies thereof to the department of transportation together\nwith an estimate of the probable cost of acquiring the same and any data\nin relation to the value thereof which the board or boards of\nsupervisors may secure.\n 2. The commissioner of transportation shall upon receipt of such\nresolution or concurrent resolution, and within three months thereafter,\ninvestigate and determine whether the public interest demand the\nacquisition of such bridge by the state and shall also within said three\nmonths approve or disapprove of such resolution and if such resolution\nbe approved shall prepare an estimate of the probable cost of acquiring\nsuch bridge. If such resolution be disapproved the department of\ntransportation shall certify its reason therefor to such board or boards\nof supervisors.\n 3. If it be approved the department of transportation is hereby\nauthorized and empowered to agree with the corporation owning the said\nbridge upon the compensation which shall be made to it for the said\nbridge and its appurtenances, its franchises, its rights for the\nmaintenance and use of said bridge, and any and all damage which shall\nresult to said corporation so owning the said bridge by reason of the\ntaking of such structure, and such agreement shall be reduced to writing\nand executed by the department of transportation in the name of the\npeople of the state of New York and by the corporation owning the said\nbridge, and filed in the office of the comptroller of the state of New\nYork.\n 4. In the event that no agreement is reached between the said\ndepartment of transportation and the corporation owning the said bridge\nfor such purchase as aforesaid, the department of transportation shall\ncertify its approval to the attorney general and transmit to him the\nestimate made by the department of transportation of the probable cost\nof acquiring such toll bridge, franchises and rights, and the amount of\nany and all damage incurred by such acquisition, together with all data\nthe department of transportation may have in its possession in relation\nthereto.\n 5. Upon the receipt of such certificate of approval, if and when\nsufficient money shall have been appropriated by the state therefor, the\nattorney general shall acquire in the name of the people of the state in\naccordance with the provisions of the eminent domain procedure law,\ntitle to such bridge and the franchise therof; and, in such event, such\ncorporation shall have pursuant to the eminent domain procedure law the\nright to prosecute in the court of claims which shall have jurisdiction\nin the premises, any claim which it may have for damages for the takings\nof its said property.\n 6. The amount agreed upon between the said department of\ntransportation and the said corporation, pursuant to such agreement so\nfiled as aforesaid, or if no agreement be reached, the amount so\ndetermined by the court, shall be paid by the department of taxation and\nfinance upon the warrant of the comptroller out of the moneys\nappropriated for such purpose. Until payment to such corporation be made\nafter such agreement of the amount therein agreed to be paid or upon\nacquisition, unless the commissioner of transportation shall enter upon\nand take possession of such property as provided by this section, until\nthe amount so determined by the court of claims in such acquisition\nproceedings, the corporation owning the said bridge shall be entitled to\ncontinue in possession and use thereof and of all the rights, privileges\nand franchises enjoyed by it in connection therewith, but upon such\npayment being made such bridge and all rights and franchises in\nconnection therewith shall become the property of the state of New York\nand shall be maintained by the state as a free bridge and as a part of\nthe state system of highways.\n 7. If such bridge be acquired by the state pursuant to this section\nthe same shall not be used except as hereinafter provided by any\nrailroad, telephone, gas, electric light, heat or power company or any\nother public service corporation for any purpose except upon such\nreasonable terms and the payment of such reasonable rental to the state\nas shall be determined by the department of transportation. The money\nreceived therefor shall be paid into the state treasury and so much\nthereof as may be needed appropriated for the maintenance of such\nbridge. The provisions of this section, however, shall not affect any\nexisting contract for the use of such bridge by any corporation except\nthat the compensation provided for such use in such existing contract\nshall be paid to the state.\n 8. Notwithstanding the provisions of this section, if any such bridge\nbe owned by a domestic corporation carrying on the business of operating\na railroad and which operates cars thereover, the department of\ntransportation in entering into such agreement or the commissioners in\ncondemnation in making such appraisal and fixing such damages as\naforesaid may take into consideration any bonds outstanding of such\ncorporation which may have been authorized by the department of\ntransportation or the predecessor thereof, to be issued by such\ncorporation for the purchase of said bridge and its franchises or the\nstock of any corporation formerly owning the said bridge, and shall fix\nand determine in making such appraisal the amount of any and all damage\nwhich will result to such corporation so owning such bridge by reason of\nthe taking of the said bridge and its rights and franchises in\nconnection therewith and such corporation when said bridge shall have\nbeen acquired and such compensation paid, and its successors, shall be\npermitted to continue to use said structure upon payment of such\nreasonable rental to the state for such use as shall be determined by\nthe department of transportation, and further provided that if such\ncorporation, or any successor thereof, should desire to use other parts\nor decks of such bridge or to make such use thereof as would require the\nstrengthening, reconstruction or change of the said bridge or its\napproaches, or the building of new approaches to the said bridge, such\ncorporation or its successors may make such use thereof and strengthen,\nreconstruct or make such changes in the said bridge or its approaches or\nbuild new approaches to the said bridge and use the same in such manner\nupon filing with the department of transportation detailed plans for the\nproposed new use thereof, or for the strengthening, reconstruction of or\nchanges in the said bridge or its approaches or for the building of new\napproaches to the said bridge, and upon obtaining the approval of such\nuse and plans by the department of transportation and upon payment of\nsuch further reasonable rental to the state for any such additional use\nof said structure or such approaches as shall be determined by the\ndepartment of transportation; provided further that the entire cost of\nany such strengthening, reconstruction, additions or changes of the said\nbridge or its approaches shall be paid exclusively by the corporation\nmaking such use of said bridge and shall be deemed to be an expenditure\nfor capital purposes of such corporation paying the same for all\npurposes whatsoever. Any such corporation using such bridge at the time\nof the acquisition thereof by the state shall not be debarred from\ncontinuing such use by reason of such acquisition; but the failure or\nrefusal to comply with such terms or to pay such rental shall forfeit\nthe right of such corporation to use such bridge, and the department of\ntransportation is hereby authorized and empowered to close such bridge\nto the use of such offending corporation.\n 9. Any act or failure to act on the part of the department of\ntransportation as in this section provided shall be reviewable by the\nsupreme court of this state in the manner provided by article\nseventy-eight of the civil practice law and rules.\n