2012 New York Consolidated Laws
PBA - Public Authorities
Article 5 - PUBLIC UTILITY AUTHORITIES
Title 11-A - (1299 - 1299-U) NIAGARA FRONTIER TRANSPORTATION AUTHORITY
1299-G - Acquisition and disposition of real property.


NY Pub Auth L § 1299-G (2012) What's This?
 
    § 1299-g. Acquisition and disposition of real property. 1. In addition
  to  the  powers provided in section twelve hundred ninety-nine-f of this
  title to acquire transportation facilities, equipment and real property,
  the authority may acquire, by condemnation pursuant to the  condemnation
  law, any real property it may deem necessary, convenient or desirable to
  effectuate  the  purpose  of this title, provided however, that any such
  condemnation proceedings shall be brought only in the supreme court  and
  the  compensation  to be paid shall be ascertained and determined by the
  court without a jury. Notwithstanding the foregoing provisions  of  this
  subdivision  one,  no  real property may be acquired by the authority by
  condemnation for purposes other than a  transportation  facility  unless
  the  governing  body  of  the  city,  village or town in which such real
  property is located shall first consent to such condemnation.
    2.  Nothing  herein  contained  shall  be  construed  to  prevent  the
  authority  from  bringing  any proceedings to remove a cloud on title or
  such other proceedings as it may, in its  discretion,  deem  proper  and
  necessary  or  from  acquiring  any  such  property  by  negotiation  or
  purchase.
    3. Where a person entitled to an award in the proceedings  to  condemn
  any  real  property  for  any  of  the purposes of this title remains in
  possession of such property after the time of the vesting  of  title  in
  the  condemnor,  the  reasonable  value of his use and occupancy of such
  property subsequent to such time as fixed by agreement or by  the  court
  in such proceedings or by any court of competent jurisdiction shall be a
  lien  against such award subject only to the liens of record at the time
  of vesting of title in the condemnor.
    4. Title to all property acquired under this act  shall  vest  in  the
  authority.
    5.  The  authority  may,  whenever  it  determines  that  it is in the
  interest of the authority, dispose of  any  real  property  or  property
  other  than  real  property,  which  it  determines  is  not  necessary,
  convenient or desirable for its purposes. Provided,  however,  that  the
  authority shall provide the county, city, town, and village in which the
  real  property is situated with sixty days notice prior to offering such
  property for disposition or sale.
    6. The authority may, whenever it shall determine that it  is  in  the
  interest  of  the  authority,  rent,  lease  or grant easements or other
  rights in, any land or property of the authority.

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