§ 1299-G — Acquisition and disposition of real property

New York § 1299-G

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 11-A: Niagara Frontier Transportation Authority
• Art. 5: Public Utility Authorities

Text

§ 1299-g. Acquisition and disposition of real property. 1. In addition\nto the powers provided in section twelve hundred ninety-nine-f of this\ntitle to acquire transportation facilities, equipment and real property,\nthe authority may acquire, by condemnation pursuant to the condemnation\nlaw, any real property it may deem necessary, convenient or desirable to\neffectuate the purpose of this title, provided however, that any such\ncondemnation proceedings shall be brought only in the supreme court and\nthe compensation to be paid shall be ascertained and determined by the\ncourt without a jury. Notwithstanding the foregoing provisions of this\nsubdivision one, 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 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. Title to all property acquired under this act shall vest in the\nauthority.\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. Provided, however, that the\nauthority shall provide the county, city, town, and village in which the\nreal property is situated with sixty days notice prior to offering such\nproperty for disposition or sale.\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