§ 231. Definitions. As used in this article, the following terms shall include and mean:

Terms Used In N.Y. Transportation Law 231

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

1. "Municipality." A city, county not wholly contained within a city, town, village, special transportation district, public benefit corporation or other public corporation, or two or more of the foregoing acting jointly.

2. "Rail preservation project." The acquisition, construction, reconstruction, establishment, improvement or rehabilitation by the state or a municipality of any railroad capital facility and any capital equipment used in connection therewith with funds made available as a result of the rail preservation bond act of nineteen hundred seventy-four and the acquisition, construction, reconstruction, establishment, improvement or rehabilitation by the state or a municipality of any rail capital facility or rapid transit capital facility and any capital equipment used in connection therewith with funds made available as a result of the energy conservation through improved transportation bond act of nineteen hundred seventy-nine.

3. "Railroad capital facility." Railroad rights of way, as well as trackage, rails, cars, locomotives, rolling stock, signals, communication and ventilation systems, power plants, stations, terminals, storage yards, repair and maintenance shops, yards, equipment and parts, offices and other incidental real estate or personalty used or held for or incidental to the operation, rehabilitation or improvement of any railroad operating rail freight and rail passenger transportation services, or to operate such services, including, but not limited to buildings, structures and real property.

4. "Local street or highway project." A local street, highway and/or bridge that is not on the state highway system and not under the maintenance and/or operational jurisdiction of the state for which there is a project for resurfacing of existing pavements to correct structural deficiencies or substandard riding characteristics; the sealing of pavements; the treatment of highway pavements to improve skid resistance; the improvement of the highway to make it more energy efficient; modification of roadway geometrics for improvement of operational safety; the improvement of highway appurtenances including but not limited to shoulders, guiderail systems, slopes, traffic control devices, sidewalks, curbs, drainage systems; retaining and sustaining walls; removal of hazards and/or their replacement or correction by the use of recognized and approved safety or protective devices; bridge improvement including structural rehabilitation or replacement.

5. "Applicant." A municipality in the case of a rail preservation project, and a county, except the counties comprising New York city, and New York city in the case of a local street or highway project.