Sec. 973.5. Notification of determination by Department of Transportation

Upon receipt of responses from all of the notified agencies and authorities or expiration of the stipulated date, the Department of Transportation shall evaluate all replies received from the agencies and authorities contacted and determine either to exercise the preferential right of acquisition itself, authorize one or more agencies or authorities to exercise the right, or issue a release. All agencies and authorities contacted shall be informed of the decision for disposition of the property by the department.

(a) In the event that the department decides to exercise the preferential right of acquisition itself, it shall so advise the railroad company in writing.

(b) In the event that the department determines that one or more agencies should be authorized to exercise the preferential right, it shall prepare, execute and forward to the railroad company and the appropriate agencies an assignment and authorization indicating the agencies or authorities so authorized.

(c) In the event that the department determines that it will not exercise the preferential acquisition right and that it will not authorize any other agency or authority to do so, it shall so inform the railroad company. Upon receipt of this notification, the railroad company shall transmit to the Director, Real Estate Division, New York State Department of Transportation, Building 5, State Campus, Albany, New York 12232 a recordable description of the property to be released so that the department can prepare a formal release of the preferential right and have it recorded in the office of the county clerk of the county in which such property is located.