§ 1286 — Acquisition and disposition of real property

New York § 1286

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 12: New York State Environmental Facilities Corporation
• Art. 5: Public Utility Authorities

Text

§ 1286. Acquisition and disposition of real property. 1. The\ncorporation may acquire, by purchase, gift, grant, transfer, contract or\nlease, or by condemnation pursuant to the condemnation law, any real\nproperty it may deem necessary, convenient or desirable to effectuate\nthe purposes of this title, provided however, that any such condemnation\nproceedings shall be brought only in the supreme court and the\ncompensation to be paid shall be ascertained and determined by the court\nwithout a jury.\n 2. 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 3. Title to all property acquired under this act shall vest in the\ncorporation.\n 4. Notwithstanding the provisions of any general, special or local law\nor charter, any municipality, by resolution of its governing body, is\nhereby empowered without referendum and without the consent of any\nboard, officer or other agency of the state, to sell, lease, lend, grant\nor convey to the corporation, or to permit the corporation to use,\nmaintain or operate as part of a sewage treatment works or solid waste\ndisposal facility, any real or personal property owned by it, including\nall or any part of any such facilities, which may be necessary or useful\nand convenient for the purposes of the corporation and which may be\naccepted by the corporation. Any such sale, lease, loan, grant,\nconveyance or permit may be made with or without consideration and for a\nspecified or an unlimited period of time and under any agreement and on\nany terms and conditions which may be approved by such municipality and\nwhich may be agreed to by the corporation in conformity with its\ncontracts with the holders of its bonds and notes, the corporation may\nenter into and perform any and all agreements with respect to property\nso accepted by it, including agreements for the operation and\nmaintenance of such property as part of a sewage treatment works, or\nsolid waste disposal facility.\n 5. The corporation may, whenever it determines that it is in the\ninterest of the corporation, and subject to any existing agreement,\ndispose of any real property which it determines is not necessary,\nconvenient or desirable for its purposes.\n 6. The corporation may, whenever it shall determine that it is in the\ninterest of the corporation, rent, lease, or grant easements or other\nrights in any land or property of the corporation.\n