§ 358 — Acquisition of real property by the commissioner

§ 358. Acquisition of real property by the commissioner. 1. On\nassuming jurisdiction of a thruway section or connection or any part\nthereof, or of a highway connection, the authority may from time to time\ndetermine what real property is necessary for the construction,\nimprovement and operation thereof, in addition to real property\ntheretofore acquired by the state. If funds are made available by the\nauthority for payment of the cost and expense of the acquisition\nthereof, the commissioner when requested by the authority shall acquire\nsuch real property in the name of the state by appropriation, and, where\nnecessary, remove the owner or occupant thereof and obtain possession\naccording to the procedure provided by section three hundred forty-seven\nof the highway law. The authority shall have the right to possess and\nuse for its corporate purposes so long as its corporate existence shall\ncontinue all such real property and rights in real property so acquired.\n 2. 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 three hundred\nforty-seven. When a claim has been filed with the court of claims, the\nclaimant shall cause a copy of such claim to be served upon the\nauthority and the authority shall have the right to be represented and\nheard before said court. All awards and judgments arising from such\nclaims shall be paid out of moneys of the authority.\n