NY S08405

Cities may make written requests to railroad corporations to perform maintenance on bridges and rights-of-way within their jurisdiction, including painting, cleaning, repairing, lighting, grading, resurfacing, and vegetation removal.

Railroad corporations must make all reasonable efforts to comply with maintenance requests within 90 days; if not completed, cities may issue a 30-day notice of intent to perform the work at the railroad's expense.

Cities may perform or contract for requested maintenance if railroads fail to comply within 30 days of notice, and non-compliant railroads are deemed to have authorized city entry onto their property with required railroad cooperation including train schedule notification and speed reduction.

Upon completion, cities must submit itemized invoices for all costs and expenses; railroads must pay within 60 days or cities may impose a lien on railroad property within the city.

Railroad corporations may petition the state Supreme Court for a stay or modification of maintenance requests if they can demonstrate good cause, and cities may sue for triple damages if railroads fail to reasonably comply.