§ 224 — Statement of expenses; filing; reimbursement of state for railroad improvements

§ 224. Statement of expenses; filing; reimbursement of state for\nrailroad improvements. Upon the determination of the commissioner of (1)\nthe cost of such elimination including incidental improvements connected\ntherewith; (2) the cost of such elimination exclusive of such incidental\nimprovements; (3) the cost of the railroad improvements not an essential\npart of the elimination; (4) the amount of the net benefit to the\nrailroad company from the elimination exclusive of such railroad\nimprovements; and (5) if two or more railroad companies be affected, the\nproportionate share of such net benefit to be borne by each, the\ncommissioner shall cause to be prepared, and filed in his office, a\nstatement thereof, with a certified copy of such statement filed with\nthe comptroller and railroad company affected. The amount determined to\nbe the cost of railroad improvements not an essential part of such\nelimination, together with such charges therefor as the comptroller may\nlegally impose, including interest at the rate payable by the state on\nany bonds from the proceeds of which the project has been financed or,\nif and to the extent otherwise financed, at such rate not exceeding\nseven and one-half per centum as the comptroller may determine, shall be\nrepaid to the state forthwith upon demand by the comptroller. The amount\nof the net benefit to a railroad company from an elimination shall be\nrepaid to the state by such railroad company at such times and in such\nmanner as may be determined by the comptroller together with interest at\nthe rate payable by the state on any bonds from the proceeds of which\nthe project has been financed or, if and to the extent otherwise\nfinanced, at such rate not exceeding seven and one-half per centum as\nthe comptroller may determine, within a period of not to exceed ten\nyears from the date of the commissioner's determination, but in no event\nshall the total amount of such repayments, exclusive of interest and\nsuch additional charges as may be legally imposed by the comptroller,\nexceed fifteen per centum of the expense of such elimination exclusive\nof all incidental improvements.\n Notwithstanding the preceding paragraph, the commissioner may, at any\ntime after the work of an elimination has been commenced, direct a\nhearing for the purpose of determining the cost, or a portion thereof,\nof railroad improvements not an essential part of such elimination, and\nthe amount so determined shall be immediately repayable to the state in\nthe manner above provided.\n In the event of the failure or refusal of the railroad company or the\nsuccessor thereof, to pay the amount or amounts specified and at the\ntimes prescribed, or in the event of dissolution of such railroad\ncompany or successor, the entire indebtedness of such company in process\nof dissolution shall become immediately due and payable and the amount\nor amounts so due and payable may be recovered as follows:\n The comptroller may certify the amount or amounts so due and payable\nto the governing body of the county or counties in which the crossing is\nlocated, whereupon, it shall be the duty of such governing body to\napportion the amount or amounts so certified to the several towns and\ncities in such county according to the assessed valuation of the real\nproperty of such railroad company or the successor thereof in such\nrespective towns and cities and to place the several amounts so\napportioned on the respective assessment rolls of such towns and cities\nand to issue its warrant or warrants for the collection thereof.\nThereupon it shall become the duty of such towns and cities through\ntheir appropriate officers to collect the respective several amounts so\napportioned in the same manner as other taxes are collected in such\ntowns and cities and when collected to pay the same to the county\ntreasurer of such county who shall thereupon pay the same into the state\ntreasury. Any amount so levied shall thereupon become and be a first and\nparamount lien upon all real property of such railroad company or the\nsuccessor thereof within such respective towns and cities.\n All moneys received by the comptroller from a railroad company in\npayment of the amounts due the state from such company as the cost of\nrailroad improvements not an essential part of an elimination or the\namount of net benefit for such railroad company shall be credited to the\ngrade crossing elimination debt fund, established by section ninety-six\nof the state finance law.\n Upon the completion of work on the railroad tracks or other railroad\nfacilities which has been performed by the railroad company forces at\nthe direction of the commissioner, there shall be an accounting and the\ncommissioner shall certify to the comptroller the amount of the payment\nwhich is due from the state to such railroad company. Such payment shall\nbe made out of the state treasury to such railroad company on vouchers,\napproved by the commissioner, upon the audit and warrant of the\ncomptroller. From time to time, prior to the completion of such work,\nintermediate accountings may be had and payments made thereon in the\nsame manner as the final accounting.\n