APPENDIX IV
New York Grade Crossing Elimination Act of 1928
SECTIONS PRESCRIBING LAND ACQUISITION PROCEDURE
Source: McKinney’s Consolidated Laws of New York, Annotated, Book 65, Unconsolidated Laws, (1942), title 22, sec. 7905; 1943 Cumulative Annual Pocket Part.
§ 7905. Acquisition Of Lands; Temporary Occupation
1. The public service commission shall direct the department of public works or the railroad corporation or corporations to prepare an accurate description and map of any lands which the commission may deem necessary in the elimination of any crossing or of any land in and to which an easement right may be deemed necessary, or of any rights of abutting property owners the temporary appropriation of which may be deemed by the commission to be necessary, specifying the particular easement right. On the approval of such description and map by such commission, such commission shall deliver such description and map to the department of public works and shall direct such department to acquire such lands and easement rights by appropriation as prescribed by this act.
2. Such description and the original tracing of such map shall be filed in the office of the department of public works, which shall cause a certified copy of such description and map to be filed in the office of the department of state and notice of such filing to be given to the public service commission,
3. On the filing of such description and map in the office of the department of state, the people of the state of New York, their officers and agents, may immediately enter upon and take possession of the lands so described for the purpose of the elimination of any crossing.
3-a. If the public service commission shall determine, prior to the service of such description and map on the owner or owners of land and easement rights, that changes, alterations or modifications of such description and map as filed in the office of the department of state should be made, it shall direct the department of public works or the railroad corporation or corporations to prepare an amended description and map. On the approval of such amended description and map by the commission it shall be delivered to the department of public works and filed in the office of the department of state in the same manner as the original description and map was filed and shall thereupon in all respects and for all purposes supersede the description and map previously filed.
3-b. If the public service commission shall determine prior to the service of such description and map on the owner or owners of land and easement rights that such description and map should be withdrawn, it shall file a certificate of withdrawal in the offices of the department of public works and the department of state. Upon the filing of such certificate of withdrawal the description and map to which it refers shall be canceled and all rights thereunder shall cease and determine.
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