§ 15-2111 — Acquisition of real estate

§ 15-2111. Acquisition of real estate.\n 1. The board on behalf of such district shall, subject to the\nlimitations herein contained, have the right to condemn for the use of\nthe district any real estate which is determined to be necessary for the\npurpose of carrying out any of the provisions of title 21 of this\narticle. It may acquire title to such real estate by agreement with the\nowner thereof and upon payment therefor of the amount of compensation to\nbe paid such owner.\n 2. Lands of the state outside of the forest preserve, not used by\ncanals of the state, may be used for the purposes of title 21 of this\narticle. Not exceeding three per centum of the lands of the state, not\nowned or hereafter acquired, constituting the forest preserve as now\nfixed by law, may be used for the construction and maintenance of\nreservoirs for the purpose of title 21 of this article.\n 3. If any real estate belonging to any county, city, town, village or\nschool district is required for the purposes of title 21 of this\narticle, the county legislative body for such county, the mayor and\ncommon council or governing body for such city, the town board for such\ntown, the village board for such village, the trustees or board of\neducation of any school district for such district, or any persons, body\nor bodies, having a like power, acting for such public corporation may\ngrant or surrender such real estate for such compensation as may be\nagreed upon by such official representatives and the board. The\ncompensation agreed upon as thus provided shall be paid to the fiscal\nofficer of the public corporation or the person or persons from whom\nsuch real estate is acquired.\n 4. Title to any such real estate owned by any infant or incompetent\nperson may be acquired on behalf of the board in the same manner as\nprovided by law with respect to the sale, mortgage or lease of real\nproperty of such infant or incompetent person upon such terms as the\nSupreme Court or the County Court of the county in which such real\nestate is situated may provide, and for such purpose jurisdiction is\nhereby conferred upon such courts.\n 5. If the board cannot agree with the owners upon the compensation and\ndamages to be paid for the real estate so taken, it shall thereupon\nserve upon such owners a notice as hereinafter provided that the real\nestate described therein has been acquired by the board for the purposes\nof title 21 of this article, and shall proceed to acquire title thereto\nunder the provisions of the eminent domain procedure law.\n 6. If any real property, owned by a corporation having by law the\npower to exercise the right of eminent domain, is taken under the\neminent domain procedure law, the board shall have no right to enter\nupon and take possession of any such real estate until the owner thereof\nshall have been paid or tendered the amount due under the final order\nand judgment in such proceedings with interest.\n 7. If any such payments are made directly by the board, the amount so\npaid shall be refunded to the board out of the general funds of the\ndistrict as provided in subdivision 7 of section 15-2119.\n 8. Title to all real estate acquired pursuant to the provisions of\ntitle 21 of this article except where this expressly provides otherwise,\nshall be taken in the name of the State of New York, and when so taken\nshall be deemed to be taken for a public use.\n 9. All real estate acquired or taken pursuant to the provisions of\ntitle 21 of this article is hereby dedicated to the use and purposes for\nwhich it is so taken, and the right, title and interest acquired by the\nstate therein is so acquired subject to such use and purposes.\n