§ 1308 — Acquisition and disposition of real property

§ 1308. Acquisition and disposition of real property. 1. In addition\nto the powers provided in section thirteen hundred six of this title to\nacquire transportation facilities, equipment and real property, the\nauthority may acquire, by condemnation pursuant to the condemnation law\nand/or in accordance with the condemnation provisions of subdivision\nseven of this section, any real property it may deem necessary,\nconvenient, or desirable to effectuate the purpose 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.\nNotwithstanding the foregoing provisions of this subdivision, no real\nproperty may be acquired by the authority by condemnation or by purchase\nfor purposes other than a transportation facility unless the governing\nbody of the city, village or town in which such real property is located\nshall first consent to such acquisition.\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.\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 7. The authority may adopt the following condemnation procedures. A\ncertified copy of a resolution adopted by the authority authorizing the\nacquisition and identifying and describing the property and franchises,\nif any, sought to be acquired by condemnation shall be filed in the\noffice of the county clerk of the county in which such property is\nsituated, held or maintained. A petition for an order vesting title to\nsuch property and franchises, if any, sought to be acquired by\ncondemnation shall set forth a description of the said property and\nfranchises, if any, and a prayer that title be vested in the authority,\nshall be presented, upon notice of the application to condemn published\nin five successive issues of a publication of general circulation within\nthe county where such property and franchises, if any, are located, to a\nspecial term of the supreme court held at the time and place specified\nin such notice, within the judicial district in which the property being\nacquired or some part thereof is situated. Such proceedings shall have\nprecedence over all other cases on the calendar of such court, any other\nprovision of the law to the contrary notwithstanding. Upon due proof to\nthe satisfaction of the court of the filing of the resolution as\nhereinafter described, such court, not later than three days after the\npresentation of the petition, shall thereupon enter an order vesting\ntitle to such property and franchises, if any, in the authority. Upon\nsuch vesting of title the authority shall have the right to enter upon\nand take possession of such property. A notice of such acquisition shall\nbe directed to the owners of the property and franchises, if any, so\nacquired and to any other person or persons having an estate, interest\nor easement in such property or a lien, charge or encumbrance thereon by\npersonal service or by registered mail at the last known address within\nfifteen days after such vesting of title. Such notice shall set forth\nsuch resolution, the date of the submission to the court, the date of\nthe order vesting title in such authority and such other matters as the\nauthority may determine.\n 8. If funds are made available by the authority for the payment of the\ncost and expense of the acquisition thereof, the department of\ntransportation of the state of New York, when requested by the\nauthority, may acquire such real property in the name of the state as\nmay be determined from time to time by the authority as being necessary,\nconvenient or desirable to effectuate the purposes of this title, may\nremove the owner or occupant thereof where necessary, and obtain\npossession and, when requested by the authority, may dispose of any real\nproperty so acquired, all according to the procedure provided in section\nthirty of the highway law and pursuant to the procedure required under\nfederal law, when applicable. The authority shall have the right to\npossess and use for its corporate purposes all such real property so\nacquired. Claims for the value of the property appropriated and for\nlegal damages caused by any such appropriation shall be adjusted and\ndetermined by such department with the approval of the authority or by\nthe court of claims as provided in section thirty of the highway law and\nas required by federal law, when applicable. When a claim has been filed\nwith the court of claims the claimant shall cause a copy of such claim\nto be served upon the authority and the authority shall have the right\nto be represented and heard before such court. All awards and judgments\narising from such claims shall be paid out of moneys of the authority.\nNo real property may be acquired pursuant to the provisions of this\nsection for purposes other than a transportation facility unless the\ngoverning body of the city, village or town in which such real property\nis located shall first consent to such acquisition.\n