US Laws, Codes, Statutes & Cases

 
    §  5-374  Acquisition of real estate for sewage disposal in connection
  with the city water supply. a. The commissioner shall be authorized  and
  empowered,  subject  to  the  approval  of  the  mayor,  by  purchase or
  condemnation, to acquire, real estate
    In or about the village of Brewster,
    In or about the town of Carmel,
    Within the Croton watershed in the county of Westchester, and
    Within the Esopus and Schoharie watersheds in the counties of  Ulster,
  Delaware, Schoharie and Greene, as may be necessary:
    1. To carry into effect any agreed plan for the disposal of the sewage
    Of the village of Brewster,
    Of  one  or  more  villages or sewer districts, in the town of Carmel,
  (and for such purpose, to  construct,  operate  and  maintain  a  sewage
  disposal   plant,   equipment  and  facilities,  or  the  extension  and
  improvement of existing plants, if any, therein),
    Within the Croton watershed in the county of Westchester and
    Within the Esopus and Schoharie watersheds in the counties of  Ulster,
  Delaware,  Schoharie  and  Greene,  including  any  agreed  plan for the
  collection thereof in such counties.
    2. To improve and protect the water supply of the  city  therein,  any
  special or general act to the contrary, notwithstanding.
    b.  The  land  which shall be required for the purpose of carrying out
  any such agreed plan and to protect and improve the water supply of  the
  city  within the enumerated localities, except the town of Carmel, shall
  be taken only with the consent and approval of the authorities thereof.
    c. If the city shall have been unable to secure such approval  of  the
  municipal  authorities  of  the village or the town board of the town in
  which the land to be acquired is located, where such real  estate  shall
  be located within the Esopus and Schoharie watersheds in the counties of
  Ulster, Delaware, Schoharie and Greene, and the plans for such operating
  systems  and plants for the collection and disposal of sewage shall have
  been approved by the state department of health, the city acting  by  or
  through  its  commissioner  of environmental protection, notwithstanding
  the provisions of any special  or  general  act  to  the  contrary,  may
  present  a petition to the supreme court in the county involved, stating
  the proposed  location  of  such  operating  system  or  plant  for  the
  collection  and  disposal  of  sewage, that the plans therefor have been
  approved by the state department of health,  that  application  for  the
  location  thereof  in  accordance  with  such plans has been made to the
  municipal authorities or town board having  jurisdiction  thereover  and
  has  been  unreasonably denied, or withheld, and such other facts as the
  petitioner may deem pertinent, together  with  a  prayer  for  an  order
  authorizing the construction of such operating system or sewage disposal
  plant  in  accordance  with  such plans. Notice of the time and place of
  presentation of such petition shall be served on the necessary municipal
  authorities or town board having jurisdiction over such applications and
  on the state department of health, and posted in such village or town in
  at least ten conspicuous public places for a period of ten days prior to
  the hearing of such petition. Upon the presentation  of  such  petition,
  the presiding justice shall hear the parties to such proceeding and also
  such  other  residents  of  the sewer district of the village or town as
  desire to be heard.
    If the justice presiding be satisfied that the  municipal  authorities
  of  the village or the town board of the town have unreasonably withheld
  the approval of the location of such operating system or sewage disposal
  plant, the justice may, by order, grant the petition. Upon the entry  of
  such  order,  the  city may acquire, by purchase or condemnation, in the
  manner provided by law, such real estate, rights of way and easements to

  and into such real estate as may be necessary for the  proper  erection,
  construction  and operation, of such operating system or sewage disposal
  plant, and may construct the same in accordance with the plans  approved
  by the state department of health.