2006 New York Code - Definitions; Special Provision Concerning Acquisition Of Real Estate Used For Public Purposes.

 
    §  5-403 Definitions; special provision concerning acquisition of real
  estate used for public purposes. The term real estate as  used  in  this
  subchapter  shall be construed to signify and embrace all uplands, lands
  under water, the waters of any lake, pond or stream, all water rights or
  privileges, and any and all easements and incorporated hereditaments and
  every estate, interest and right, legal and equitable, in land or water,
  including terms for  years,  and  liens  thereon  by  way  of  judgment,
  mortgages  or  otherwise,  and  also  all claims for damage to such real
  estate. It shall also be construed to include all real  estate  (as  the
  term  is  above  defined)  heretofore  or hereafter required or used for
  railroad, highway or other public purposes,  providing  the  persons  or
  corporations owning such real estate or claiming interest therein, shall
  be  allowed  the  perpetual use for such purposes of the same or of such
  other real estate to be acquired for the purposes of this subchapter  as
  will  afford practicable route or location for such railroad, highway or
  other public purpose, and in the case of a railroad,  commensurate  with
  and  adapted  to  its  needs;  and  provided  also  that such persons or
  corporations shall not directly or indirectly  be  subject  to  expense,
  loss  or  damage  by reason of changing such route or location, but that
  such expense, loss or damage shall be borne by the  city.  In  case  any
  real  estate  so  acquired, or used for public purposes, is sought to be
  taken or affected for the purposes of this  subchapter  there  shall  be
  designated  upon  the  maps referred to in the previous sections of this
  subchapter, and there shall be described in the  petition,  hereinbefore
  referred  to,  such  portion of the other real estate shown on such maps
  and described in such petition, as it is proposed to substitute in place
  of the real estate then used for such railroad, highway or other  public
  purposes.  Provided,  that  wherever  the  commissioner of environmental
  protection has heretofore located on any map filed in the office of  the
  commissioners  of  appraisal,  a substituted route for any railroad, the
  same shall not be  subsequently  changed  without  the  assent  of  such
  company.  The supreme court at the special term to which the petition is
  presented or at such other special term as the consideration thereof may
  be adjourned to, shall either approve the substituted route or refer the
  same back to the commissioner of environmental protection for alteration
  or amendment and may refer  the  same  back,  with  such  directions  or
  suggestions  as such court may deem advisable, and as often as necessary
  and until such commissioners shall determine such substituted  route  as
  may  be  approved  by  the  court. An appeal from any order made by such
  court at special term, under the provisions  of  this  section,  may  be
  taken  by  any person or corporation interested in and aggrieved thereby
  to the appellate division and court of appeals, and shall be heard as  a
  non-enumerated  motion.  The  commissioners  of  appraisal, hereinbefore
  referred to, in determining the compensation to be made to  the  persons
  or  corporations  owning such real estate, or claiming interest therein,
  shall include in the amount of such compensation such sum  as  shall  be
  sufficient  to  defray  the  expenses of making such change of route and
  location and of building such railroad or highway. Such commissioners of
  appraisal shall suggest in their report, and  the  court  in  the  order
  confirming  such  report  shall  determine,  subject  to  review  by the
  appellate division, what reasonable time after payment of the awards  to
  such  persons  or  corporations  shall  be  sufficient  within  which to
  complete the work of making such  change.  Neither  the  city,  nor  the
  commissioner  of  environmental  protection  shall  be  entitled to take
  possession or interfere with  the  use  of  such  real  estate  for  the
  enumerated  purposes,  before the expiration of such time. Such time may
  be subsequently extended by the court (subject to review  as  aforesaid)
  upon  a  sufficient  cause  shown.  After the expiration of this time so


  determined or extended no use shall be made of such  real  estate  which
  shall  cause  pollution to the water in such reservoir or interfere with
  its flow.