§ 228 — Acquisition of property required for grade crossing elimination projects

§ 228. Acquisition of property required for grade crossing elimination\nprojects. 1. The commissioner shall cause to be prepared an accurate\nacquisition map of any and all property which he may deem necessary for\npurposes connected with the elimination of any grade crossing, or of any\nproperty in and to which he may deem the acquisition or exercise of an\neasement, interest or right to be necessary for such purposes,\nindicating and describing in each case the particular easement, interest\nor right. Such property may be acquired with controlled access when\nacquired in connection with the construction of a controlled access\nhighway as defined by the highway law. On the approval of such map by\nthe commissioner, he may acquire such property, controlled access\nrights, easements, interests or rights, pursuant to the provisions of\nthe eminent domain procedure law.\n 2. If the commissioner shall determine, prior to the filing of such\nmap in the office of the county clerk or register of the county, that\nchanges, alterations or modifications of such map as filed in the main\noffice of the department should be made, he or she shall, subject to the\nprovisions of article two of the eminent domain procedure law, if\napplicable, direct the preparation of an amended map, either by\npreparing a new map or by making changes on the original tracing of such\nmap, with a notation indicating such changes, and file a certified copy\nof the same in the main office of the department in the same manner as\nthe original map was filed and said amended map shall thereupon in all\nrespects and for all purposes supersede the map previously filed.\n 3. If the commissioner shall determine, prior to the filing of such\ncopy of the acquisition map in the office of the county clerk or\nregister as provided in section four hundred two of the eminent domain\nprocedure law, that such map should be withdrawn, he or she shall file a\ncertificate of withdrawal in the office of the department of law. Upon\nthe filing of such certificate of withdrawal the map to which it refers\nshall be cancelled and all rights thereunder shall cease and determine.\n 4. The commissioner shall deliver to the attorney general a copy of\nsuch acquisition map, whereupon it shall be the duty of the attorney\ngeneral to advise and certify to the commissioner the names of the\nowners of the property, easements, interests or rights described in the\nsaid aquisition map, including the owners of any right, title or\ninterest therein, pursuant to the requirements of section four hundred\nthree of the eminent domain procedure law.\n 5. If, at or after the vesting of title to such property in the people\nof the state of New York in the manner provided for in the eminent\ndomain procedure law, the commissioner shall deem it necessary to cause\nthe removal of an owner or other occupant from such property, he may\ncause such owner or other occupant to be removed therefrom by proceeding\nin accordance with section four hundred five of such law. The\nproceedings shall be brought in the name of the commissioner as agent of\nthe state. If any person proceeded against shall contest the petition by\nan answer, the attorney general shall be notified, and he thereafter\nshall represent the petitioner in the proceedings. No execution shall\nissue for costs, if any, awarded against the state or the commissioner,\nbut they shall be part of the costs of the acquisition and be paid in\nlike manner. Proceedings may be brought separately against one or more\nof the owners or other occupants of a property, or one proceeding may be\nbrought against all or several of the owners or other occupants of any\nor all property within the territorial jurisdiction of the same justice\nor judge; judgment shall effect or be made for immediate removal of\npersons defaulting in appearance or in answering, or withdrawing their\nanswers, if any, without awaiting the trial or decision of issues raised\nby contestants, if any.\n 6. Upon making any agreement provided for in section three hundred\nfour of the eminent domain procedure law, the commissioner shall deliver\nto the comptroller such agreement and a certificate stating the amount\ndue such owner or owners thereunder on account of such acquisition of\nhis or their property and the amount so fixed shall be paid out of the\nstate treasury from moneys appropriated for purposes connected with\nelimination of grade crossing projects but not until there shall have\nbeen filed with the comptroller, a certificate of the attorney general\nshowing the person or persons claiming the amount so agreed upon to be\nlegally entitled thereto.\n 7. Application for reimbursement of incidental expenses as provided in\nsection seven hundred two of the eminent domain procedure law shall be\nmade to the commissioner upon forms prescribed by him and shall be\naccompanied by such information and evidence as the commissioner may\nrequire. Upon approval of such application, the commissioner shall\ndeliver a copy thereof to the comptroller together with a certificate\nstating the amount due thereof, and the amount so fixed shall be paid\nout of the state treasury after audit by the comptroller from moneys\nappropriated for the acquisition of porperty under this article.\n 8. The commissioner, with the approval of the director of the budget\nshall establish and may from time to time amend rules and regulations\nauthorizing the payment of actual reasonable and necessary moving\nexpenses of occupants of property acquired pursuant to this article; of\nactual direct losses of tangible personal property as a result of moving\nor discontinuing a business or farm operation, but not exceeding an\namount equal to the reasonable expenses that would have been required to\nrelocate such property, as determined by the commissioner; and actual\nreasonable expenses in searching for a replacement business or farm; or\nin hardship cases for the advance payment of such expenses and losses.\nFor the purposes of making payment of such expenses and losses only the\nterm "business" means any lawful activity conducted primarily for\nassisting in the purchase, sale, resale, manufacture, processing or\nmarketing of products, commodities, personal property or services by the\nerection and maintenance of an outdoor advertising display or displays,\nwhether or not such display or displays are located on the premises on\nwhich any of the above activities are conducted. Such rules and\nregulations may further define the terms used in this subdivision. In\nlieu of such actual reasonable and necessary moving expenses, any such\ndisplaced owner or tenant of residential property may elect to accept a\nmoving expense allowance, plus a dislocation allowance, determined in\naccordance with a schedule prepared by the commissioner and made a part\nof such rules and regulations.\n In lieu of such actual reasonable and necessary moving expenses, any\nsuch displaced owner or tenant of commercial property who relocates or\ndiscontinues his business or farm operation may elect to accept a fixed\nrelocation payment in an amount equal to the average annual net earnings\nof the business or farm operation, except that such payment shall be not\nless than two thousand five hundred dollars nor more than ten thousand\ndollars. In the case of a business, no such fixed relocation payment\nshall be made unless the commissioner finds and determines that the\nbusiness cannot be relocated without a substantial loss of its existing\npatronage, and that the business is not part of a commercial enterprise\nhaving at least one other establishment, which is not being acquired by\nthe state or the United States, which is engaged in the same or similar\nbusiness. In the case of a business which is to be discontinued but for\nwhich the findings and determinations set forth above cannot be made,\nthe commissioner may prepare an estimate of what the actual reasonable\nand necessary moving expenses, exclusive of any storage charges, would\nbe if the business were to be relocated and enter into an agreed\nsettlement with the owner of such business for an amount not to exceed\nsuch estimate in lieu of such actual reasonable and necessary moving\nexpenses. Application for payment under this subdivision shall be made\nto the commissioner upon forms prescribed by him and shall be\naccompanied by such information and evidence as the commissioner may\nrequire. Upon approval of such application, the commissioner shall\ndeliver a copy thereof to the comptroller together with a certificate\nstating the amount due thereunder, and the amount so fixed shall be paid\nout of the state treasury after audit by the comptroller from moneys\nappropriated for the acquisition of property under this section. As used\nin this subdivision the term "commercial property" shall include\nproperty owned by an individual, family, partnership, corporation,\nassociation or a nonprofit organization and includes a farm operation.\nAs used in this subdivision the term "business" means any lawful\nactivity, except a farm operation, conducted primarily for the purchase,\nsale, lease and rental of personal and real property, and for the\nmanufacture, processing, or marketing of products, commodities, or any\nother personal property; for the sale of services to the public; or by a\nnonprofit organization.\n 9. The commissioner pursuant to section three hundred five of the\neminent domain procedure law may make agreements on such terms,\nconditions and consideration as he deems beneficial to the state with\nrespect to any property acquired whereby such property may be used and\noccupied by the former owner, tenant or by any other party from a date\nspecified in said agreement, until such time as the state requires and\nobtains actual physical possession. The agreements for the use and\noccupancy of such property may be managed, supervised and enforced (1)\nby the staff, forces and equipment of the department; or (2) by the\ncommissioner contracting for the management, supervision and enforcement\nthereof with any person, firm or corporation; or (3) by a combination of\nsuch methods. The use and occupancy of such property under this article\nand the right of the state or its duly authorized agent to recover\npossession thereof shall not be subject to the emergency housing rent\ncontrol law.\n 10. The commissioner may make supplemental relocation payments,\nseparately computed and stated, to displaced owners and tenants of\nresidential property acquired pursuant to this section who are entitled\nthereto, as determined by him. The commissioner, with the approval of\nthe director of the budget, may establish and from time to time amend\nrules and regulations providing for such supplemental relocation\npayments. Such rules and regulations may further define the terms used\nin this subdivision. In the case of property acquired pursuant to this\nsection which is improved by a dwelling actually owned and occupied by\nthe displaced owner for not less than one hundred eighty days\nimmediately prior to initiation of negotiations for the acquisition of\nsuch property, such payment to such owner shall not exceed fifteen\nthousand dollars. Such payment shall be the amount, if any, which, when\nadded to the acquisition payment equals the average price, established\nby the commissioner on a class, group or individual basis, required to\nobtain a comparable replacement dwelling that is decent, safe and\nsanitary to accommodate the displaced owner, reasonably accessible to\npublic services and places of employment and available on the private\nmarket, but in no event shall such payment exceed the difference between\nacquisition payment and the actual purchase price of the replacement\ndwelling. Such payment shall include an amount which will compensate\nsuch displaced owner for any increased interest costs which such person\nis required to pay for financing the acquisition of any such comparable\nreplacement dwelling. Such amount shall be paid only if the dwelling\nacquired pursuant to this section was encumbered by a bona fide mortgage\nwhich was a valid lien on such dwelling for not less than one hundred\neighty days prior to the initiation of negotiations for the acquisition\nof such dwelling. Such amount shall be equal to the excess in the\naggregate interest and other debt service costs of that amount of the\nprincipal of the mortgage on the replacement dwelling which is equal to\nthe unpaid balance of the mortgage on the acquired dwelling, over the\nremainder term of the mortgage on the acquired dwelling, reduced to\ndiscounted present value. The discount rate shall be the prevailing\ninterest rate paid on savings deposits by commercial banks in the\ngeneral area in which the replacement dwelling is located. Any such\nmortgage interest differential payment shall, notwithstanding the\nprovisions of section twenty-six-b of the general construction law, be\nin lieu of and in full satisfaction of the requirements of such section.\nSuch payment shall include reasonable expenses incurred by such\ndisplaced owner for evidence of title, recording fees and other closing\ncosts incident to the purchase of the replacement dwelling, but not\nincluding prepaid expenses. Such payment shall be made only to a\ndisplaced owner who purchases and occupies a replacement dwelling which\nis decent, safe and sanitary within one year subsequent to the date on\nwhich he is required to move from the dwelling acquired pursuant to this\nsection or the date on which he receives from the state final payment of\nall costs of the acquired dwelling, whichever occurs later, except\nadvance payment of such amount may be made in hardship cases. In the\ncase of property acquired pursuant to this section from which an\nindividual or family, not otherwise eligible to receive a payment\npursuant to the above provisions of this subdivision, is displaced from\nany dwelling thereon which has been actually and lawfully occupied by\nsuch individual or family for not less than ninety days immediately\nprior to the initiation of negotiations for the acquisition of such\nproperty, such payment to such individual or family shall not exceed\nfour thousand dollars. Such payment shall be the amount which is\nnecessary to enable such individual or family to lease or rent for a\nperiod not to exceed four years, a decent, safe, and sanitary dwelling\nof standards adequate to accommodate such individual or family in areas\nnot generally less desirable in regard to public utilities and public\nand commercial facilities and reasonably accessible to his place of\nemployment, but shall not exceed four thousand dollars, or to make the\ndown payment, including reasonable expenses incurred by such individual\nor family for evidence of title, recording fees, and other closing costs\nincident to the purchase of the replacement dwelling, but not including\nprepaid expenses, on the purchase of a decent, safe and sanitary\ndwelling of standards adequate to accommodate such individual or family\nin areas not generally less desirable in regard to public utilities and\npublic and commercial facilities, but shall not exceed four thousand\ndollars, except if such amount exceeds two thousand dollars, such person\nmust equally match any such amount in excess of two thousand dollars, in\nmaking the down payment. Such payments may be made in installments as\ndetermined by the commissioner. Application for payment under this\nsubdivision shall be made to the commissioner upon forms prescribed by\nhim and shall be accompanied by such information and evidence as the\ncommissioner may require. Upon approval of such application, the\ncommissioner shall deliver a copy thereof to the comptroller, together\nwith a certificate stating the amount due thereunder, and the amount so\nfixed shall be paid out of the state treasury after audit by the\ncomptroller from moneys appropriated for the acquisition of property\nunder this section.\n 11. Any owner may present to the court of claims, pursuant to the\nprovisions of section five hundred three of the eminent domain procedure\nlaw, a claim for the value of such property acquired and for legal\ndamages, as provided by law for the filing of claims with the court of\nclaims. Awards and judgments of the court of claims shall be paid in the\nsame manner as awards and judgments of that court for the acquisition of\nlands generally and shall be paid out of the state treasury from moneys\nappropriated for purposes connected with elimination of grade crossing\nprojects.\n 12. If the work of any grade crossing elimination project shall cause\nactual damage to property not acquired as provided in this article, the\nstate shall be liable therefor, but this provision shall not be deemed\nto create any liability not already existing by statute. Claims for such\ndamage may be adjusted by the commissioner, if the amounts thereof can\nbe agreed upon with the persons making such claims, and any amount so\nagreed upon shall be paid as a part of this cost of such elimination\nproject. If the amount of any such claim is not agreed upon, such claim\nmay, pursuant to the provisions of the eminent domain procedure law, be\npresented to the court of claims which shall hear such claim and\ndetermine if the amount of such claim or any part thereof is a legal\nclaim against the state and, if it so determines, to make an award and\nenter judgment thereon against the state, provided, however, that such\nclaim is filed with the court of claims within three years after the\nacceptance by the commissioner of the final agreement of the completed\nelimination project contract.\n 13. Notwithstanding any other provision of this article, the\ncommissioner may acquire by grant or purchase, in the name of the people\nof the state of New York, any property which he deems necessary for any\nof the purposes of this chapter, and payment therefor, if any, shall be\nmade in the manner prescribed in this article for the payment of\nadjusted acquisition claims, provided, however, that no real property\nshall be so acquired unless the title thereto shall be approved by the\nattorney general.\n 14. The expense of such acquisitions including the cost of making\nsurveys and preparing descriptions and maps of lands to be acquired and\nadministrative duties in connection therewith, serving notices of\nappropriation, publication, making appraisals and agreements and of\nsearches ordered and examinations and readings of title made by the\nattorney general, and expenses incurred by the commissioner or attorney\ngeneral in proceedings for removal of owners and occupants, shall be\ndeemed part of the cost of such elimination project.\n 15. Notwithstanding any other law, the commissioner, his officers,\nagents or contractors when engaged on such elimination projects, may\npursuant to the provisions of section four hundred four of the eminent\ndomain procedure law, enter upon property for the purpose of making\nsurveys, test pits, test borings, or other investigations and also for\ntemporary occupancy during construction. Claims for any damage caused by\nsuch entry, work or occupation not exceeding two thousand five hundred\ndollars may be adjusted by agreement by the commissioner with the owner\nof the property affected as determined by him by reasonable\ninvestigation without appropriating such property. Upon making any such\nadjustment and agreement, the commissioner shall deliver to the\ncomptroller such agreement and a certificate stating the amount due such\nowner and the amount so fixed shall be paid out of the state treasury\nfrom monies appropriated for such elimination project.\n 16. The commissioner may determine whether any property acquired\npursuant to this article or grade crossing elimination acts in effect on\nthe date of enactment of this article for grade crossing elimination\npurposes may be, in whole or in part, sold or exchanged on terms\nbeneficial to the state, and in all cases of such determination he may,\nsubject to the compliance with the provisions of section four hundred\nsix of the eminent domain procedure law and notwithstanding any other\nlaw, dispose of such property, provided he shall have first determined\nthat such property is no longer necessary or useful for the purposes for\nwhich it was acquired and provided that with respect to crossings where\naccess is not controlled the disposal of such property shall not deprive\nan owner of any existing frontage thereon immediately in front of his\npremises. In order to carry any such sale or exchange into effect the\ncommissioner may execute and deliver, in the name of the people of the\nstate, a quitclaim of, or a grant in and to, such property. Each such\ninstrument of conveyance shall be prepared by the attorney general and,\nbefore delivery, shall be approved by him as to form and manner of\nexecution.\n 18. If subsequent to the acquisition of a temporary easement right in\nproperty pursuant to this article, the commissioner shall determine; (a)\nthat the purposes for which such easement right was acquired have been\naccomplished and that the use and occupancy of said property for such\npurposes is no longer necessary, or (b) that the period fixed by the\nterms of such easement for expiration of the same should be further\nlimited, or (c) if the acquisition of such easement was for an\nindefinite period, that such period should be fixed and determined, he\nshall make his certificate to such effect. Upon the expiration of the\nthen fixed and determined term of the easement, the easement will expire\nby the terms of the certificate and the affected property will be\nsurrendered back to the owner, free of such easement, and the easement\nwill be accordingly thereupon terminated, released and extinguished. The\ncommissioner shall cause a copy of such certificate to be filed in the\noffice of the department of state. In the event that the term of a\ntemporary easement has been fixed at a specific period of time by the\ndescription and map no further certificate shall be required.\n 19. Notwithstanding any other provision of this section, the\ncommissioner of transportation shall have the power to acquire by grant\nor purchase, in the name of the people of the state of New York, any\nproperty which he deems necessary for any of the purposes provided for\nin this section and may also acquire for such purposes from the\nPalisades interstate park commission, in the name of the people of the\nstate of New York, such lands and such easements, licenses, permits and\nother rights over lands as the said commission is authorized to grant,\nsell, exchange or convey. When the acquisition by appropriation, grant\nor purchase of property deemed necessary for grade crossing elimination\npurposes would result in substantial consequential damages to the\nowner's remaining property, due to loss of access, severance or control\nof access, the commissioner of transportation, for and in behalf of the\npeople of the state of New York, may acquire by purchase or grant all or\nany portion of such remaining property. Payment therefor, if any, shall\nbe made in the manner prescribed in this section for the payment of\nadjusted appropriation claims, provided, however, that no real property\nshall be so acquired unless the title thereto shall be approved by the\nattorney general.\n 20. After acceptance of the completed work, the railroad company shall\napply to the commissioner for the conveyance to it of any property,\nacquired as aforesaid, and or any other property owned by the state\nwhich property is under the jurisdiction of the commissioner and which\nis used to accomplish a grade crossing elimination, necessary for the\nproper operation and maintenance of the railroad. If it shall appear to\nthe commissioner that such application is reasonable and the property is\nnecessary for the proper operation and maintenance of such railroad and\nsuch property is not necessary for highway, road or street purposes, the\ncommissioner shall grant and convey such property to such railroad\ncompany upon such terms and conditions as he may prescribe.\n 21. In case any property acquired as aforesaid and not conveyed to a\nrailroad company physically forms a part of any existing highway, road\nor street or a new highway, road or street opened to take the place of\nan existing highway, road or street, the fee title of which existing\nhighway, road or street is vested in a municipality, such municipality\nmay apply to the commissioner for a conveyance of such property. The\ncommissioner may grant and convey such property to such municipality\nupon such terms and conditions as he may prescribe.\n 22. Any property acquired as aforesaid and not conveyed to a railroad\ncompany or a municipality, physically forming a part of any existing or\nproposed highway, road or street shall become a part of the state,\ncounty, town, city, village or other highway or street system of which\nsuch existing or proposed highway, road or street forms a part and shall\nbe under the jurisdiction of and maintained by the proper authorities\nhaving charge of such respective systems.\n 23. If a railroad company has acquired, is acquiring or is about to\nacquire title to any property in addition to or beyond the normal or\nreasonable limits of its existing right of way for the operation of the\nrailroad which the commissioner may deem necessary in the elimination of\nany crossing, and such property is in the opinion of such commissioner\nnecessary for the proper operation and maintenance of the railroad of\nsuch railroad company and not necessary for highway, road or street\npurposes, same need not be acquired as aforesaid, but may be retained or\notherwise acquired by such railroad company, in which event such\nrailroad company shall be compensated for such property in such an\namount as may be agreed upon by and between such railroad company and\nthe commissioner. Any amount so agreed upon shall be paid out of the\nstate treasury from moneys appropriated for purposes connected with\nelimination of grade crossing projects.\n 24. In fixing the consideration, if any, to be paid by any railroad\ncompany or municipality for any property acquired by the people of the\nstate of New York for an elimination and to be conveyed to such railroad\ncompany or municipality as prescribed by this article, due regard shall\nbe given by the commissioner to all facts involved and any other\nproperty involved in connection with the acquisition of property for\nsuch elimination and such consideration shall be fixed accordingly. Such\nconsideration shall be paid to the state and the expenses of the project\nshall be adjusted to reflect such consideration. Any conveyance of any\nsuch property shall contain a reservation to the people of the state of\nNew York of the title to any structures and construction work necessary\nfor highway, road or street purposes and, also, of the legal right to\nmaintain same.\n 25. Any railroad company or its lessee, during the progress of\nchanging the grade of its railroad under the provisions of this article,\nis authorized to maintain such temporary structures and to occupy any\npart or parts of an adjacent street and of intersecting streets as may\nbe necessary in the premises or for the continued operation of its\nrailroad and to lay down such temporary tracks on adjacent and\nintersecting streets as may be necessary for carrying on the railroad\nbusiness during the progress of the work, all of which shall be done\nonly with the approval and direction of the commissioner as a part of\nthe elimination work. If any temporary acquisition of the rights of\nabutting property owners is made for this purpose the compensation or\ndamages, if any, paid for such acquisition shall be deemed to be part of\nthe elimination cost whether paid in the first instance by the railroad\ncorporation or by the state.\n 26. Notwithstanding any other provision of law a municipality may\ngrant a permit to the commissioner to occupy, for grade crossing\nelimination purposes, any of the property set forth and described on the\nmaps prescribed by this article which are owned by such municipality.\nSuch permit may be for permanent or temporary occupancy as shall be\ndetermined by the commissioner, and the permit shall state the purposes\nfor which the property is obtained, together with the terms and\nconditions including payment, if any, which is to be made under the\npermit. The permit may be in lieu of acquisition of land pursuant to the\nprovisions of the eminent domain procedure law as provided in this\narticle. The property described in any such permit may be utilized by\nthe people of the state of New York, their officers and agents, or by\nany railroad company to which such permit may be transferred or\nassigned, for grade crossing elimination purposes. Payment, if any,\nshall be made by the comptroller and paid out of the state treasury from\nmoneys appropriated for purposes connected with elimination of grade\ncrossing projects, after the department of transportation has filed a\ncopy of the approved permit with the comptroller.\n 27. The provisions of this article providing for the acquisition and\ntransfer of property shall apply in all respects to the acquisition and\ntransfer of property necessary for those incidental improvements held\nnecessary or desirable because of the elimination project.\n 28. Notwithstanding any other provisions of law, the commissioner may\nuse, for grade crossing elimination purposes, any property under his\njurisdiction acquired for other public purposes which he deems\nnecessary, exclusively for, or in conjunction with grade crossing\nelimination purposes. Transfer of such use shall be effected by an\nofficial order of the commissioner to be filed in the offices of the\ndepartment and of the department of state, accompanied by a description\nand map of such property. When the use is to be exclusively for grade\ncrossing elimination purposes, then upon such filing of the description,\nmap and official order of transfer of use, the property shall be used\nand maintained for grade crossing elimination purposes and be governed\nas though the said property was acquired pursuant to this article for\ngrade crossing elimination purposes. When dual use is to be made of such\nproperty for grade crossing elimination purposes and other public\npurposes by the state, the official order of transfer shall so certify,\nand upon such filing of the description, map and official order of\ntransfer, the property shall be used and maintained for such dual\npurposes, and is, in the discretion of the commissioner, to be governed\neither by this article or the statute under which jurisdiction was\nacquired by the commissioner or both.\n 29. Notwithstanding any other provision of law, the commissioner may\naccept in the name of the people of the state of New York from the\nUnited States or any authorized agency, unit or subdivision thereof or\nany instrumentality or corporation owned or controlled by the United\nStates a release, easement, grant, conveyance or permit, with or without\nconditions, authorizing the construction and permanent maintenance of a\ngrade crossing elimination project, pursuant to this article, on\nproperty in which any rights or easements or the fee is held or owned by\nthe United States or any authorized agency, unit or subdivision thereof\nor any instrumentality or corporation owned or controlled by the United\nStates, or on property in which the fee or a perpetual easement was\ntheretofore appropriated by the state for flood control purposes,\npursuant to chapter eight hundred sixty-two of the laws of nineteen\nhundred thirty-six, and acts amendatory thereof, whether retained by the\nstate or conveyed or to be conveyed to the United States.\n 30. (a) Notwithstanding any other provision of law, the commissioner\nmay accept in the name of the people of the state of New York any\nproperty interest or easement right held or owned by the public service\ncommission in the name of the people of the state of New York pursuant\nto grade crossing elimination acts. The commissioner may, in whole or in\npart, sell, transfer or exchange such property interest or easement\nright on terms beneficial to the state, provided that such property is\nno longer necessary or useful for the purposes for which it was\nacquired. To effect the sale, transfer or exchange, the commissioner may\nexecute and deliver, in the name of the people of the state, a quitclaim\nof, or a grant in and to, such property or easement. Each such\ninstrument of grant or conveyance shall be prepared by the attorney\ngeneral.\n (b) A municipality or a railroad company may apply to the commissioner\nfor the grant or conveyance of such property interest or easement right.\nIf it shall be made to appear to the commissioner that such grant or\nconveyance is reasonable and the property or easement is necessary for\nthe proper operation and maintenance of highways, roads or streets owned\nby such municipality or for the proper operation and maintenance of such\nrailroad, the commissioner may, upon reasonable terms and conditions,\ngrant and convey such property or easement to such municipality or\nrailroad company. The payment, if any, required by the commissioner for\nsuch grant or conveyance shall be deposited in the state treasury.\n