We have been advised in writing by both the MTA/LIRR and the Long Island Power Authority that the poles were constructed and put in place by the contractors for the MTA/LIRR as part of the Third Track Project and are, when they are placed in the ground, the property of the MTA/LIRR and its contractors. That is their legal position.
It is our understanding that at some point in the future these poles, like everywhere along LIRR property, do get transferred in ownership and responsibility for maintenance to the prevailing utility on the pole - in this case LIPA/PSEG. But at the moment of construction - they belong to the MTA/LIRR. For example, if a pole snapped in half during its placement, the cost would be borne by the MTA/LIRR and its contractors, not LIPA or PSEG.