§ 1104 — Sewage removal or purification; condemnation of property

New York § 1104

• Jurisdiction: New York
• Law PBH: Public Health
• Title 1: Potable Waters
• Art. 11: Public Water Supplies; Sewerage and Sewage Control

Text

§ 1104. Sewage removal or purification; condemnation of property. 1.\nWhen the department or the commissioner of environmental protection of\nthe city of New York, or the board of water supply of the city of New\nYork, shall, for the protection of a water supply from contamination,\nmakes orders or regulations the execution of which will require or make\nnecessary the construction and maintenance of any system of sewerage, or\na change thereof, in or for any village or hamlet, whether incorporated\nor unincorporated, or the execution of which will require the providing\nof some public means of removal or purification of sewage, the\nmunicipality, corporation, state or United States or state or United\nStates institution, park, reservation or post owning the waterworks\nbenefited thereby shall, at its own expense, construct and maintain such\nsystem of sewerage, or change thereof, and provide and maintain such\nmeans of removal and purification of sewage and such works or means of\nsewage disposal as shall be approved by the department. For such\npurpose said municipality, corporation, state or United States or state\nor United States institution, park, reservation or post, may acquire, by\ncondemnation the necessary real estate or interest therein or the\neasement or use thereof whether now used for public or private purposes.\n 2. When the execution of any such regulations of the department, or\nthe commissioner of environmental protection of the city of New York, or\nthe board of water supply of the city of New York will occasion or\nrequire the removal of any building or buildings, the municipality,\ncorporation, state or state institution, park, reservation or post\nowning the waterworks benefited thereby shall, at its own expense,\nremove such buildings and pay to the owner thereof all damages\noccasioned by such removal.\n 3. When the execution of any such regulation will injuriously affect\nany property the municipality, corporation, state or state institution,\npark, reservation or post owning the waterworks benefited thereby shall\nmake just and adequate compensation for the property so taken or injured\nand for all injuries caused to the legitimate use of operation of such\nproperty.\n 4. Until such construction or change of such system or systems of\nsewerage, and the providing of such means of removal or purification of\nsewage, and until such works or means of sewage disposal and the removal\nof any buildings are so made by the municipality, corporation, state or\nstate institution, park, reservation or post owning the waterworks to be\nbenefited thereby at its own expense, and until, except in the case of a\nmunicipality, state or state institution, park, reservation or post, the\ncorporation owning the waterworks benefited shall make just and adequate\npayment for all injuries to property and for all injuries caused to the\nlegitimate use or operation of such property, there shall be no action\nor proceeding taken by any such municipality, officer, board, person,\ncommission or corporation against any person or corporation for the\nviolation of any regulation of the department under this article, and no\nperson or corporation shall be considered to have violated or refused to\nobey any such rule or regulation.\n