§ 489-d. Exemption of railroad real property from taxation. 1.\nSubsidized railroad real property shall be exempt from taxation. The\nexemption shall be granted each year only upon (a) application by the\nowner of said property on a form prescribed by the commissioner and (b)\nsubmission of such proof as may be required by the commissioner that the\nproperty is subsidized railroad real property. The application and proof\nshall be filed with the appropriate assessing authority on or before the\nappropriate taxable status date, with copies thereof simultaneously\nfiled with the commissioner and the department of transportation.\n 2. Bridges, viaducts, and other similar structures constructed on or\nafter January first, nineteen hundred fifty-nine as the result of the\ncreation, pursuant to article twelve-B of the highway law, of a new\nhighway, street, or roadway carrying railroad facilities over such new\nhighway, street, or roadway shall be exempt from taxation. No assessment\nof any bridges, viaducts, and other similar structures lengthened or\nreconstructed on or after January first, nineteen hundred fifty-nine as\nthe result of the widening, relocation, or reconstruction of an existing\nhighway, street, or roadway, pursuant to article twelve-B of the highway\nlaw, shall be increased by reason of such reconstruction or relocation,\nnotwithstanding the provisions of any general, special, or local law to\nthe contrary; provided, however, that the assessment on the original\nportion of such bridges, viaducts, and other similar structures may be\nvaried in accordance with the changes made generally in assessments on\nother local real property. Whenever any new construction of property is\nexempt pursuant to the provisions of this subdivision and the provisions\nof subdivision three-a or three-b of this section, such property shall\nreceive the exemption provided by subdivision three-a or three-b of this\nsection.\n 3. Railroad real property shall be exempt from taxation to the extent\nof any increase in value thereof by reason of any of the following\nadditions, betterments, improvements, or reconstructions made or\ninstalled thereon after the last preceding taxable status date prior to\nApril twenty-first, nineteen hundred fifty-nine: (a) the installation of\nautomatic grade crossing protective devices, such as flashing lights or\nautomatic gates and their attendant facilities; (b) the reconstruction\nor the replacement of signals, railroad bridges, stations, freight\nhouses, classification yards, repair shops, or any other facility used\nfor transportation purposes; provided that the property as reconstructed\nor replaced is the same general type of facility and is located in the\nsame city or town as the property reconstructed or replaced; and (c) the\nconstruction or reconstruction pursuant to the grade crossing\nelimination acts, the railroad law, or the highway law of any grade\nseparation structure, such as bridges, viaducts, tunnels, retaining\nwalls, and embankments constructed for the purpose of eliminating or\navoiding highway-railroad crossings at grade. Whenever any new\nconstruction of property is exempt pursuant to the provisions of this\nsubdivision and the provisions of subdivision three-a or three-b of this\nsection, such property shall receive the exemption provided by\nsubdivision three-a or three-b of this section.\n 3-a. Whenever a railroad company makes any improvements, enhancements,\nor upgrades to any existing railroad real property in order to improve\nfreight service or to provide improved or new passenger service, the\ncost of such project shall not be included in the calculation of any\nsubsequent railroad ceilings for a period of ten years from the date of\ncompletion of such project; provided that such project's improvements,\nenhancements, or upgrades were made pursuant to a capital project\nproposal approved by the commissioner of the department of\ntransportation, as provided in section fo
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