18. Notwithstanding any other provision of this chapter and the acts supplemental thereto and amendatory thereof or of any other statute general or special a municipal corporation may grant a permit to the department of public works to occupy, for grade crossing elimination purposes, any of the lands set forth and described on the map prescribed by section five of this chapter which are owned by such municipal corporations, respectively. Such permit may be for permanent or temporary occupancy as shall be determined by the department of public works, and the permit shall state the purposes for which the and is obtained, together with the terms and conditions including payment, if any, which is to be made under the permit. The permit shall be in lieu of an appropriation of land as provided in this act. After approval by the public service commission such permit shall be in force and the lands may be utilized by the people of the state of New York, their officers and agents, or by any railroad corporation to which such permit may be transferred or assigned, for grade crossing elimination purposes. Payment, if any, shall be made by the comptroller and paid out of the state treasury from moneys appropriated for such elimination from the proceeds of such state bonds, after the department of public works has filed a copy of the approved permit with the comptroller. The railroad corporation or corporations and the county or counties shall pay to the state their proportionate shares as prescribed by this act of the amount specified in the permit.
19. If, at or after the expiration of thirty days from the service of the copy of such description and map and notice of the filing thereof in the office of the department of state, the superintendent shall deem it necessary to cause the removal of an owner or occupant from any lands or easement rights so acquired, he may cause the owner or occupant to be removed therefrom and the possession to be delivered to him in the same manner and by the same proceedings and before the same officers as in the case of a tenant holding over after the expiration of his term without permission of his landlord, except as follows: the petition shall be preceded by ten days’ notice to quit, in the form and served in the manner prescribed by section fourteen hundred and sixteen of the civil practice act, and the giving of such notice shall be stated in the petition. The proceedings shall be brought in the name of the superintendent as agent of the state. If any person proceeded against shall, on return of the precept, contest the petition by an answer raising any material issue, the attorney-general shall be notified and he thereafter shall represent the petitioner in the proceedings. No execution shall issue for costs, if any, awarded against the state or the superintendent, but they shall be part of the costs of the acquisition and be paid in like manner. Proceedings may be brought separately against one or more of the owners or occupants of the lands or easement rights, or one proceeding may be brought against all or several of the owners or occupants of any or all the lands or easement rights within the territorial jurisdiction of the same justice or judge; and in any case precepts or final orders shall effect or be made for immediate removal of persons defaulting in appearance or in answering, or withdrawing their answers, if any, without awaiting the trial or decision of issues raised by contestants, if any. L. 1928, c. 678, §5, amended L. 1929, c. 645, §§ 4, 5; L. 1929, ec. 647, 657; L. 1931, c. 711; L. 1933, c. 692; L. 1937, c. 585, §§ 1, 2; L. 1940, c. 101, eff. March 7, 1940.
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