§ 1267 — Acquisition and disposition of real property

New York § 1267

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 11: Metropolitan Commuter Transportation Authority
• Art. 5: Public Utility Authorities

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§ 1267. Acquisition and disposition of real property. * 1. In addition\nto the powers provided in section twelve hundred sixty-six of this title\nto acquire transportation facilities, equipment and real property, the\nauthority may acquire, by condemnation pursuant to the eminent domain\nprocedure law, any real property it may deem necessary, convenient or\ndesirable to effectuate the purposes of this title, provided however,\nthat any such condemnation proceedings shall be brought only in the\nsupreme court and the compensation to be paid shall be ascertained and\ndetermined by the court without a jury, and provided further that the\nrate of interest paid upon any judgment or accrued claim against the\nauthority arising out of such condemnation proceedings shall not exceed\nsix per centum. Notwithstanding the foregoing provisions of this\nsubdivision, no real property may be acquired by the authority by\ncondemnation for purposes other than a transportation facility unless\nthe governing body of the city, village or town in which such real\nproperty is located shall first consent to such condemnation.\n * NB Effective until June 24, 2028\n * 1. In addition to the powers provided in section twelve hundred\nsixty-six of this title to acquire transportation facilities, equipment\nand real property, the authority may acquire, by condemnation pursuant\nto the condemnation law, any real property it may deem necessary,\nconvenient or desirable to effectuate the purposes of this title,\nprovided however, that any such condemnation proceedings shall be\nbrought only in the supreme court and the compensation to be paid shall\nbe ascertained and determined by the court without a jury. Notwithstand\nthe foregoing provisions of this subdivision one, no real property may\nbe acquired by the authority by condemnation for purposes other than a\ntransportation facility unless the governing body of the city, village\nor town in which such real property is located shall first consent to\nsuch condemnation.\n * NB Effective June 24, 2028\n 2. Nothing herein contained shall be construed to prevent the\nauthority from bringing any proceedings to remove a cloud on title or\nsuch other proceedings as it may, in its discretion, deem proper and\nnecessary or from acquiring any such property by negotiation or\npurchase.\n 3. Where a person entitled to an award in the proceedings to condemn\nany real property for any of the purposes of this title remains in\npossession of such property after the time of the vesting of title in\nthe condemnor, the reasonable value of his use and occupancy of such\nproperty subsequent to such time as fixed by agreement or by the court\nin such proceedings or by any court of competent jurisdiction shall be a\nlien against such award subject only to the liens of record at the time\nof vesting of title in the condemnor.\n 4. Subject to the provisions of sections twelve hundred sixty-six and\ntwelve hundred sixty-six-c of this title, title to all property acquired\nunder this act shall vest in the authority or one of its subsidiary\ncorporations, or in the New York city transit authority or one of its\nsubsidiary corporations as the authority directs.\n 5. The authority may, whenever it determines that it is in the\ninterest of the authority, dispose of any real property or property\nother than real property, which it determines is not necessary,\nconvenient or desirable for its purposes.\n 6. The authority may, whenever it shall determine that it is in the\ninterest of the authority, rent, lease, or grant easements or other\nrights in, any land or property of the authority.\n