New York Power To Condemn Excess Lands.
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§ 5-343 Power to condemn excess lands. The city, in acquiring real
property for any improvement, may acquire more real property than is
needed for the actual construction of the improvement. The mayor may
authorize the city to acquire additional real property in connection
with any improvement, and direct that the same be acquired with the real
property to be acquired for the improvement. Such additional real
property, however, shall be not more than sufficient to form suitable
building sites abutting on the improvement. The title which the city
shall acquire to additional real property shall in every case be a fee
simple absolute. Additional real property shall be acquired by the city
in connection with a street improvement only when the title acquired for
the improvement shall be in fee. When the mayor shall have authorized
the acquisition of title to additional real property in connection with
an improvement, title to such additional real property shall be acquired
by the city in the manner and according to the procedure, except in such
respects as in this subchapter set forth, provided for the acquisition
of title to the real property required for the improvement and in the
same proceeding in which title to the real property required for the
improvement shall be acquired; except further that such acquisition
shall be made in compliance with the appropriate provisions of the
eminent domain procedure law.