§ 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or\nregister as provided in section four hundred two of the eminent domain\nprocedure law, that such map should be withdrawn, he or she shall file a\ncertificate of withdrawal in the office of the department of law.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,
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