New York Transportation Code § 14-D

Rail service preservation
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§ 14-d. Rail service preservation. 1. Authorization is hereby given to\nthe commissioner of transportation:\n  a. to acquire, by purchase, gift, grant, transfer, contract or lease,\nany rail transportation facility with the state, or any part thereof, or\nthe use thereof, and to utilize any such rail transportation facility,\nor any property acquired pursuant to the provisions of section eighteen\nof this chapter, for the purposes of rail transportation service thereon\nor therewith;\n  b. to enter into contracts with any person, firm, corporation or\nagency, including but not limited to any railroad company, state agency,\nthe federal government, the Canadian government, any other state or\nagency or instrumentality thereof, any public authority of this or any\nother state, or any political subdivision or municipality of the state,\nfor the purpose of providing, maintaining and improving rail\ntransportation service on the rail transportation facilities thereof;\n  c. to sell, lease or otherwise contract for the utilization of any\nrail transportation facilities, or portion thereof, owned or acquired\npursuant to this section or pursuant to section eighteen of this\nchapter, for the purpose of providing for, maintaining and improving\nrail transportation service thereon.\n  * d. to acquire by eminent domain, pursuant to the eminent domain\nprocedure law and section thirty of the highway law, any property,\nproperty rights or property interests, including easements, air rights\nand subsurface rights, whether or not now or previously designated as\nparkland, or otherwise dedicated to a public use as parkland,\n(hereinafter "property interests"), and, provided with respect to real\nproperty now or previously designated as parkland, just compensation\ntherefor shall be calculated as an amount equal to the appraised fair\nmarket value of the parkland being discontinued, and further provided\nonly to the extent that such property interests are, in the judgement of\nthe commissioner, necessary for the construction, use, occupancy,\noperation, and maintenance of an airport access mass transit facility\nfor LaGuardia airport via elevated guideway, and related ancillary\nfacilities for airport access mass transit maintenance, parking for\npersons using the airport access mass transit facility and additional\nlimited purposes directly related to operation of an airport access mass\ntransit project, temporary laydown and construction areas, and air\nrights and subsurface rights related to an elevated guideway, including\nappropriate entry and exit points for users of the airport access mass\ntransit facility and any property interests necessary for an adjustment\nof the piers supporting the pedestrian bridges crossing the Grand\nCentral Parkway to maintain accessibility, and any vehicle entry and\nexit points to the Grand Central Parkway located along either side of\nthe corridor, in all cases running along a route from LaGuardia airport\non or near the Grand Central Parkway, thence along the edge of the Citi\nField parking lot previously alienated for stadium use, next alongside\nthe existing elevated track for the No. 7 subway and terminating at\nsubway rail yards and other transportation staging and storage areas\nwithin a corridor more specifically defined pursuant to section three\nhundred forty-nine-g of the highway law; and to utilize, or sell, lease,\ncontract, or otherwise transfer the acquired property interests together\nwith property interests it otherwise holds and/or grant easements,\nlicenses, permits, concessions or other authorizations, to the Port\nAuthority of New York and New Jersey to facilitate the construction\n(including temporary laydown), and permanent use, occupancy, operation,\nand maintenance of the airport access mass transit facility, related\nancillary facilities for airport access mass transit maintenance,\nparking for persons using the airport access mass transit facility and\nadditional limited purposes

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