§ 1007 — Acquisition of property

New York § 1007

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 1: Power Authority of the State of New York
• Art. 5: Public Utility Authorities

Text

§ 1007. Acquisition of property. If, for any of the purposes\nhereunder, including temporary construction purposes and the making of\nadditions or improvements, the authority shall find it necessary or\nconvenient for it to acquire any real property as herein defined,\nwhether for immediate or future use, then the authority may find and\ndetermine that such property is required for a public use, and upon such\ndue determination, such property shall be and shall be deemed to be\nrequired for such public use until otherwise determined by the authority\nand with the exceptions hereinafter specifically noted such\ndetermination of fact shall not be affected by the fact that such\nproperty has theretofore been taken for, or is then devoted to, a public\nuse; but the public use in the hands or under the control of the\nauthority shall be deemed superior to the public use in the hands of any\nother person, association or corporation. If the authority is unable to\nagree for the acquirement of any such property, or if the owner thereof\nshall be incapable of disposing of the same, or if, after diligent\nsearch and inquiry, the name and residence of any such owner cannot be\nascertained, or if any such property has been acquired or attempted to\nbe acquired and title or other rights therein have been found to be\ninvalid or defective, the authority may acquire such property by\ncondemnation under and pursuant to the provisions of this title.\n 1. When any real property within this state is sought to be acquired\nby condemnation, the authority shall cause a survey and map to be made\nthereof, and shall cause such survey and map to be filed in its office.\nThere shall be annexed to such survey and map a certificate executed by\nthe chief engineer of the authority, or by such other officer or\nemployee as may be designated by the trustees, stating that the property\nor interest therein described in such survey and map are necessary for\nits purposes.\n 2. Upon filing such survey and map the authority shall petition a\nspecial term of the supreme court held in the judicial district in which\nthe property is located, or the county court of any county where such\nproperty is located, for the condemnation of such property or interest\ntherein, as have not been otherwise acquired. Such petition shall be\ngenerally in the form prescribed by section four of the condemnation\nlaw, so far as consistent herewith. Such petition, together with a\nnotice of pendency of the proceeding, shall be filed in the office of\nthe county clerk of such county and shall be indexed and recorded as\nprovided by law. A copy of such petition together with a notice of the\npresentation thereof to such special term of the supreme court or to the\ncounty court shall be served upon the owners as provided in sections\nfive and six of the condemnation law. The authority may cause a\nduplicate original affidavit of the service thereof to be recorded in\nthe books used for recording deeds in the office of the county clerk of\nthe county wherein the property described in such notice is situated,\nand the recording of such affidavit shall be prima facie evidence of due\nservice thereof.\n 3. At any time after the recording of the petition and notice as above\nprovided the authority may enter upon and use and occupy all the parcels\nof real estate described in the proceedings for the condemnation\nthereof, provided that it shall first deposit with the court a sum equal\nto the assessed valuation of such real property, or in the event that\nthe assessed valuation thereof cannot readily be ascertained, such sum\nas in its judgment shall be sufficient as compensation for the real\nproperty acquired. The sum so deposited shall be applied as provided in\nsection twenty-four of the condemnation law. Upon the recording of the\npetition and notice and the making of the deposit, the owner or person\nin possession of such real property shall deliver possession thereof to\nthe authority upon demand, and in case possession is not delivered when\ndemanded, or demand is not convenient because of absence of the owner or\ninability to locate or determine the owner, the authority may apply to\nthe court without notice for an order requiring the sheriff to put it\ninto possession of such real property. Such an order must be executed as\nif it were an execution for the delivery of the possession of the\nproperty.\n 4. The proceedings thereafter shall be in the manner prescribed by the\ncondemnation law so far as consistent herewith.\n 5. The commissioners appointed to ascertain and determine the\ncompensation which ought justly to be made to the owners of property or\ninterests therein appraised by them as provided in section thirteen of\nthe condemnation law shall make their report of the value thereof to the\nsupreme court within one hundred days from the date of their\nqualification.\n 6. The persons or corporations whose property shall have been taken by\ncondemnation and who shall have agreed upon the compensation to be paid\ntherefor in settlement of the proceeding, or to whom an award of\ncompensation shall have been made by the court, shall be entitled to\npayment of the agreed or awarded compensation within three calendar\nmonths after the date of the agreement upon the amount of the\ncompensation or of the entry of the order confirming the report of the\ncommissioners of appraisal, together with interest upon the amount of\nsuch compensation from the time of the entry and appropriation thereof\nby the authority, to the date of payment of such compensation; but such\ninterest shall cease upon the service by the authority, upon the person\nor corporation entitled thereto, of a fifteen days' notice that the\nauthority is ready and willing to pay the amount of such compensation\nupon the presentation of proper proofs and vouchers. Such notice shall\nbe served personally or by registered mail and publication thereof at\nleast once a week for three successive weeks in a daily newspaper,\nhaving a general circulation in the county where such property or any\npart thereof is located.\n 7. The authority may, at its option, acquire such real property within\nthe state of New York, under the general condemnation law or, in the\nevent it is a licensee of the federal power commission it may acquire\nsuch real property as is necessary for its purposes through the exercise\nof the right of eminent domain as provided in section twenty-one of the\nfederal power act, as amended.\n 8. The authority and its duly authorized agents and employees may\nenter upon any real property for the purpose of making the surveys or\nmaps mentioned in this section, or for such other surveys or\nexaminations of real property as may be necessary or convenient for the\npurposes of this title.\n 9. The term "real property" as used in this title is defined to\ninclude lands, structures, franchises and interests in land, including\nlands under water and riparian rights, and any and all other things and\nrights usually included within the said term, and includes also any and\nall interests in such property less than full title, such as easements,\nrights of way, uses, leases, licenses and all other incorporeal\nhereditaments and every estate, interest or right, legal or equitable,\nincluding terms for years and liens thereon by way of judgments,\nmortgages or otherwise, and also all claims for damages for such real\nestate.\n 10. The authority may determine what real property is reasonably\nnecessary for the construction or operation of any project authorized by\nthis title including transmission facilities. If funds are made\navailable by the authority to the state for payment of the cost and\nexpense of the acquisition thereof, the commissioner of transportation,\nwhen requested by the authority, shall acquire such real property in the\nname of the state by appropriation and, where necessary, remove the\nowner or occupant thereof and obtain possession, according to the\nprocedure provided by section thirty of the highway law, insofar as the\nsame may be applicable. The authority shall have the right to possess\nand use for its corporate purposes, so long as its corporate existence\nshall continue, all such real property and rights in real property so\nacquired.\n Claims for the value of the property appropriated and for legal\ndamages caused by any such appropriation shall be adjusted and\ndetermined by the commissioner with the approval of the authority, or by\nthe court of claims as provided in said section thirty. When a claim has\nbeen filed with the court of claims, the claimant shall cause a copy of\nsuch claim to be served upon the authority and the authority shall have\nthe right to be represented and heard before said court. All awards and\njudgements arising from such claims shall be paid out of moneys of the\nauthority.\n The authority may determine whether any property appropriated pursuant\nto this section, while under its jurisdiction, should be sold or\nexchanged in whole or in part, on terms beneficial to the state and the\nauthority, and in all cases where such a determination is made, the\nauthority may sell or exchange such property. Where the authority finds\nit practicable and reasonable, the former owner, from whom the property\nwas appropriated, his heirs, successors in interest and assigns, shall\nbe given the first opportunity to purchase such property at its fair\nmarket value. In order to carry any such sale or exchange into effect\nthe authority is hereby authorized to execute and deliver in the name of\nthe people of the state a quit claim of such property. Money proceeds of\nany such sale shall be retained by the authority. Title to property\nreceived upon such exchange shall be acquired in the name of the state,\nand the authority shall have the same rights of occupation and use\nthereof and shall be vested with the same rights with respect thereto as\nis provided in this section and in section one thousand eight as to\nproperty of the state. Where property appropriated pursuant to this\nsection is required by the Saint Lawrence Seaway Development\nCorporation, created pursuant to public law three hundred fifty-eight of\nthe 83rd Congress, or any successor corporation, the authority may\nconvey such property to such corporation, and, if the license issued to\nthe authority by the federal power commission shall so require, such\nconveyance may be made without consideration.\n The attorney general is hereby authorized and empowered to certify to\nsuch Saint Lawrence Seaway Development Corporation, the right, title or\ninterest vested in the name of the people of the state of New York in\nand to property appropriated pursuant to this section and proposed to be\nconveyed to such Saint Lawrence Seaway Development Corporation as\nhereinbefore provided.\n