US Laws, Codes, Statutes & Cases

 
    § 5-356 Acquisition of real estate used for railroad, highway or other
  public  purpose.  a.  The  persons  or  corporations owning real estate,
  heretofore or hereafter acquired or used for railroad, highway or  other
  public  purpose,  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 title as will afford a
  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.
    b. 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 such expense, loss or damage shall be borne by the city.
    c. In case such real  estate  shall  be  taken  or  affected  for  the
  purposes  of  this  subchapter,  there shall be designated upon the maps
  referred to in this subchapter, and there  shall  be  described  in  the
  petition  referred  to,  such portion of the other real estate shown, on
  such maps and described in such petition, as it  shall  be  proposed  to
  substitute  in  place  of  the  real estate then used for such railroad,
  highway or other public purposes. 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 noticed for, or adjourned to, shall  either
  approve  the  substituted  route or place, or refer the same back to the
  commissioner for alteration or amendment. The court may refer  the  same
  back  with such directions, or suggestions as it may deem advisable, and
  as often as necessary, and until the commissioner shall  determine  such
  substituted  route  or place as may be approved by such court. An appeal
  from any order made by the 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  of  the  judicial
  department in which the real estate is situated, and shall be heard as a
  non-enumerated motion.
    d.  A  justice  of  the  supreme court before whom the proceedings are
  brought, 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. The court, subject to
  review by the appellate division, shall determine what  reasonable  time
  after  payment  of  the  awards  to the persons or corporations entitled
  thereto shall be sufficient within which to complete the work of  making
  such  change. The city or the commissioner shall not be entitled to take
  possession or interfere with the use  of  such  real  estate,  for  such
  purposes, before the expiration of such time. That time may subsequently
  be extended by the court (subject to such review), upon sufficient cause
  shown.  After  the  expiration of the time so determined or extended, no
  use shall be made of such real estate which shall cause pollution of the
  water in any reservoir, or interfere with its flow.