§ 22. Multi-use areas adjacent to and recreational, natural and scenic
areas along state highways. The commissioner of transportation is hereby
authorized and empowered to acquire property in order to provide
multi-use areas adjacent to state highways and recreational, natural and
scenic areas along, but not necessarily contiguous to, state highways,
except that the commissioner may acquire property anywhere in the state
for the purpose of constructing bikeways. Such multi-use areas may be
utilized for, but not limited to walking, hiking, bicycle, trail-bike,
recreational vehicle and snowmobile trails and the installation of
public utilities. Such acquisitions shall constitute a state highway
purpose. Property acquired for multi-use areas shall be such as to
complement the highway facilities by providing the multi-use areas
adjacent to the highway facilities. Property acquired for recreational,
natural and scenic areas along, but not necessarily contiguous to, state
highways shall consist of predominantly unimproved, natural or scenic
areas suitable to serve the recreational needs of the expanding
population of the state, or desirable to preserve the natural or scenic
resources of the state, and shall lend itself to restoration,
preservation or enhancement as a recreational, natural or scenic area or
provides visual access from the highway to such an area. The
commissioner is hereby authorized to undertake work of construction,
improvement, restoration, preservation or enhancement of such areas and
the expense of such work may be a proper charge against funds available
for the construction, reconstruction, improvement or maintenance of
state highways. The commissioner shall submit plans for such
acquisitions and work to the department of state, the office of parks,
recreation and historic preservation and the department of environmental
conservation for review and recommendation prior to such acquisitions
and work being undertaken. Such acquisitions and work, and any
agreements entered into in connection therewith, shall not be undertaken
unless approved by the director of the budget. Such acquisitions and
work in multi-use areas may be undertaken pursuant to a written
agreement with a person, firm, corporation, public authority, city,
county, town, village, or state department or agency, which agreement
shall provide for the funding of such acquisitions and work. Such
acquisitions and work in recreational, natural or scenic areas may be
undertaken in cooperation with other state departments or agencies and
provision shall be made for the funding of such acquisitions and work.
Any real property which the commissioner deems necessary for the
purposes of this section may be acquired and disposed of by him in the
name of the people of the state of New York according to the procedure
provided in this chapter for the acquisition and disposition of property
for state highway purposes. The provisions of this chapter shall also
control the meaning of property as used herein, the manner in which
possession of such property may be obtained and the circumstances under
the procedure by which it may be sold or exchanged. Adjusted claims for
such acquisition and awards and judgments of the court of claims made in
respect thereto shall be paid out of the state treasury from moneys
available for the purposes of this section. All state departments,
agencies, counties, towns and villages are hereby authorized to enter
into agreements with the commissioner of transportation for the purposes
of this section.

When a bikeway constructed on property acquired in accordance with the
provisions of this section must cross a railroad, it shall be deemed a
public crossing. If the commissioner shall determine that it is
impracticable to construct such bikeway above the grade of the railroad,
the commissioner shall determine the manner and method of crossing at
grade and what safeguards shall be maintained.

The commissioner is hereby authorized to provide for the separation of
such bikeway-railroad crossing or for the construction of a
bikeway-railroad crossing at grade. The cost of construction of such
separation facilities or grade crossings, including the cost of such
crossing protection as is ordered by the commissioner, shall be a proper
charge against funds available for the construction, reconstruction,
improvement or maintenance of state highways.

Upon completion of construction, the bikeway-railroad crossing shall
be maintained as follows:

The grade crossing surface shall be maintained and kept in repair by
the railroad for the width of the crossing as constructed, between the
rails and for a distance of two feet either side or outer rail at the
crossing. The railroad shall also maintain and keep in repair any
protective devices installed by the railroad at the crossing.

Notwithstanding the provisions of section ninety-three of the railroad
law, bikeway-railroad separation structures constructed pursuant to this
section shall be maintained and kept in repair by the state department
or agency, public authority or municipality responsible for the
maintenance of the bikeway.

The commissioner is hereby authorized to submit plans for such
acquisitions and work to the chief engineer of the railroad crossed by
the bikeway for review and recommendation prior to such work being
undertaken and the commissioner may enter into agreement with the
railroad for the entry upon lands owned by the railroad, for the
construction of the bikeway-railroad crossing and for the reimbursement
to the railroad for all construction cost incurred by the railroad, in
the same manner as is used in connection with the construction of state
highways.

In the event the commissioner and the railroad are unable to agree
upon the terms of such agreement, the procedure for the resolution of
such disagreement as outlined in subdivision twenty-four-c of section
ten of this article shall apply.