2006 New York Code - Acquisition Of Property.

 
    §  1007.  Acquisition  of  property.  If,  for  any  of  the  purposes
  hereunder, including temporary construction purposes and the  making  of
  additions  or  improvements,  the  authority  shall find it necessary or
  convenient for it to  acquire  any  real  property  as  herein  defined,
  whether  for  immediate  or  future use, then the authority may find and
  determine that such property is required for a public use, and upon such
  due determination, such property shall be and  shall  be  deemed  to  be
  required for such public use until otherwise determined by the authority
  and   with   the   exceptions   hereinafter   specifically   noted  such
  determination of fact shall not  be  affected  by  the  fact  that  such
  property has theretofore been taken for, or is then devoted to, a public
  use;  but  the  public  use  in  the  hands  or under the control of the
  authority shall be deemed superior to the public use in the hands of any
  other person, association or corporation. If the authority is unable  to
  agree  for the acquirement of any such property, or if the owner thereof
  shall be incapable of disposing of  the  same,  or  if,  after  diligent
  search  and  inquiry, the name and residence of any such owner cannot be
  ascertained, or if any such property has been acquired or  attempted  to
  be  acquired  and  title  or  other rights therein have been found to be
  invalid or  defective,  the  authority  may  acquire  such  property  by
  condemnation under and pursuant to the provisions of this title.
    1.  When  any real property within this state is sought to be acquired
  by condemnation, the authority shall cause a survey and map to  be  made
  thereof,  and shall cause such survey and map to be filed in its office.
  There shall be annexed to such survey and map a certificate executed  by
  the  chief  engineer  of  the  authority,  or  by  such other officer or
  employee as may be designated by the trustees, stating that the property
  or interest therein described in such survey and map are  necessary  for
  its purposes.
    2.  Upon  filing  such  survey  and map the authority shall petition a
  special term of the supreme court held in the judicial district in which
  the property is located, or the county court of any  county  where  such
  property  is  located, for the condemnation of such property or interest
  therein, as have not been otherwise acquired.  Such  petition  shall  be
  generally  in  the  form  prescribed by section four of the condemnation
  law, so far as consistent  herewith.  Such  petition,  together  with  a
  notice  of  pendency  of the proceeding, shall be filed in the office of
  the county clerk of such county and shall be  indexed  and  recorded  as
  provided  by  law. A copy of such petition together with a notice of the
  presentation thereof to such special term of the supreme court or to the
  county court shall be served upon the owners  as  provided  in  sections
  five  and  six  of  the  condemnation  law.  The  authority  may cause a
  duplicate original affidavit of the service thereof to  be  recorded  in
  the  books used for recording deeds in the office of the county clerk of
  the county wherein the property described in such  notice  is  situated,
  and the recording of such affidavit shall be prima facie evidence of due
  service thereof.
    3. At any time after the recording of the petition and notice as above
  provided the authority may enter upon and use and occupy all the parcels
  of  real  estate  described  in  the  proceedings  for  the condemnation
  thereof, provided that it shall first deposit with the court a sum equal
  to the assessed valuation of such real property, or in  the  event  that
  the  assessed  valuation thereof cannot readily be ascertained, such sum
  as in its judgment shall be sufficient  as  compensation  for  the  real
  property  acquired. The sum so deposited shall be applied as provided in
  section twenty-four of the condemnation law. Upon the recording  of  the
  petition  and  notice and the making of the deposit, the owner or person
  in possession of such real property shall deliver possession thereof  to
  the  authority upon demand, and in case possession is not delivered when
  demanded, or demand is not convenient because of absence of the owner or
  inability to locate or determine the owner, the authority may  apply  to
  the  court  without  notice for an order requiring the sheriff to put it
  into possession of such real property. Such an order must be executed as
  if it were an execution for  the  delivery  of  the  possession  of  the
  property.
    4. The proceedings thereafter shall be in the manner prescribed by the
  condemnation law so far as consistent herewith.
    5.   The  commissioners  appointed  to  ascertain  and  determine  the
  compensation which ought justly to be made to the owners of property  or
  interests  therein  appraised by them as provided in section thirteen of
  the condemnation law shall make their report of the value thereof to the
  supreme  court  within  one  hundred  days  from  the  date   of   their
  qualification.
    6. The persons or corporations whose property shall have been taken by
  condemnation  and who shall have agreed upon the compensation to be paid
  therefor in settlement of  the  proceeding,  or  to  whom  an  award  of
  compensation  shall  have  been  made by the court, shall be entitled to
  payment of the agreed or  awarded  compensation  within  three  calendar
  months  after  the  date  of  the  agreement  upon  the  amount  of  the
  compensation or of the entry of the order confirming the report  of  the
  commissioners  of  appraisal,  together with interest upon the amount of
  such compensation from the time of the entry and  appropriation  thereof
  by  the authority, to the date of payment of such compensation; but such
  interest shall cease upon the service by the authority, upon the  person
  or  corporation  entitled  thereto,  of  a fifteen days' notice that the
  authority is ready and willing to pay the amount  of  such  compensation
  upon  the  presentation of proper proofs and vouchers. Such notice shall
  be served personally or by registered mail and  publication  thereof  at
  least  once  a  week  for  three  successive weeks in a daily newspaper,
  having a general circulation in the county where such  property  or  any
  part thereof is located.
    7. The authority may, at its option, acquire such real property within
  the  state  of  New  York, under the general condemnation law or, in the
  event it is a licensee of the federal power commission  it  may  acquire
  such real property as is necessary for its purposes through the exercise
  of  the right of eminent domain as provided in section twenty-one of the
  federal power act, as amended.
    8. The authority and its duly  authorized  agents  and  employees  may
  enter  upon  any  real property for the purpose of making the surveys or
  maps  mentioned  in  this  section,  or  for  such  other   surveys   or
  examinations  of real property as may be necessary or convenient for the
  purposes of this title.
    9. The term "real property" as  used  in  this  title  is  defined  to
  include  lands,  structures, franchises and interests in land, including
  lands under water and riparian rights, and any and all other things  and
  rights  usually included within the said term, and includes also any and
  all interests in such property less than full title, such as  easements,
  rights  of  way,  uses,  leases,  licenses  and  all  other  incorporeal
  hereditaments and every estate, interest or right, legal  or  equitable,
  including  terms  for  years  and  liens  thereon  by  way of judgments,
  mortgages or otherwise, and also all claims for damages  for  such  real
  estate.
    10.  The  authority  may  determine  what  real property is reasonably
  necessary for the construction or operation of any project authorized by
  this  title  including  transmission  facilities.  If  funds  are   made
  available  by  the  authority  to  the state for payment of the cost and
  expense of the acquisition thereof, the commissioner of  transportation,
  when requested by the authority, shall acquire such real property in the
  name  of  the  state  by  appropriation and, where necessary, remove the
  owner  or  occupant  thereof  and  obtain  possession,  according to the
  procedure provided by section thirty of the highway law, insofar as  the
  same  may  be  applicable. The authority shall have the right to possess
  and use for its corporate purposes, so long as its  corporate  existence
  shall  continue,  all  such real property and rights in real property so
  acquired.
    Claims for the value  of  the  property  appropriated  and  for  legal
  damages   caused  by  any  such  appropriation  shall  be  adjusted  and
  determined by the commissioner with the approval of the authority, or by
  the court of claims as provided in said section thirty. When a claim has
  been filed with the court of claims, the claimant shall cause a copy  of
  such  claim to be served upon the authority and the authority shall have
  the right to be represented and heard before said court. All awards  and
  judgements  arising  from such claims shall be paid out of moneys of the
  authority.
    The authority may determine whether any property appropriated pursuant
  to this section,  while  under  its  jurisdiction,  should  be  sold  or
  exchanged  in whole or in part, on terms beneficial to the state and the
  authority, and in all cases where such  a  determination  is  made,  the
  authority  may sell or exchange such property. Where the authority finds
  it practicable and reasonable, the former owner, from whom the  property
  was  appropriated,  his heirs, successors in interest and assigns, shall
  be given the first opportunity to purchase such  property  at  its  fair
  market  value.  In  order to carry any such sale or exchange into effect
  the authority is hereby authorized to execute and deliver in the name of
  the people of the state a quit claim of such property. Money proceeds of
  any such sale shall be retained by  the  authority.  Title  to  property
  received  upon such exchange shall be acquired in the name of the state,
  and the authority shall have the  same  rights  of  occupation  and  use
  thereof and shall be vested with the same rights with respect thereto as
  is  provided  in  this  section  and in section one thousand eight as to
  property of the state. Where  property  appropriated  pursuant  to  this
  section   is   required   by   the  Saint  Lawrence  Seaway  Development
  Corporation, created pursuant to public law three hundred fifty-eight of
  the 83rd Congress, or  any  successor  corporation,  the  authority  may
  convey  such property to such corporation, and, if the license issued to
  the authority by the federal power commission  shall  so  require,  such
  conveyance may be made without consideration.
    The  attorney general is hereby authorized and empowered to certify to
  such Saint Lawrence Seaway Development Corporation, the right, title  or
  interest  vested  in  the name of the people of the state of New York in
  and to property appropriated pursuant to this section and proposed to be
  conveyed to  such  Saint  Lawrence  Seaway  Development  Corporation  as
  hereinbefore provided.