N.Y. ACA Law § 21.09 — New York Code / Act ACA / Title E / Article 21 / Section 21.09
Special provisions relating to the acquisition of real property
Status: in_force

§ 21.09. Special provisions relating to the acquisition of real\nproperty.  1. Subject to subdivision two of this section, the trust may\nacquire real property by condemnation pursuant to the provisions of the\neminent domain procedure law where not inconsistent with this article.\nPrior to the commencement of any condemnation proceedings pursuant to\nthis section, the trust shall cause a survey and map of the property to\nbe condemned to be made and filed in its office and to be annexed\nthereto a certificate, executed by such officer or employee as the trust\nmay designate, stating that the acquisition of the property described in\nsuch survey and map has been determined by the unanimous vote of its\nboard of trustees to be necessary for the fulfillment of its corporate\npurposes. All condemnation proceedings brought by the trust pursuant to\nthis section shall be brought in supreme court, New York county, and the\ncompensation to be paid shall be determined by the court without a jury\nand without the appointment of commissioners. The court shall decree\nthat title to any real property subject to condemnation proceedings\nbrought pursuant to this section shall vest in the trust upon the entry\nand filing of an order of immediate possession, granted pursuant to the\nprovisions of the eminent domain procedure law and providing for the\ndeposit required by such section; provided that the trust shall have\nfirst complied with chapter one thousand one hundred sixty-one of the\nlaws of nineteen hundred seventy-one and the deposit or payment made\nthereunder shall be credited against the deposit required under eminent\ndomain procedure law. No award of compensation shall be increased by\nreason of any increase in the value of real property caused by the\nactual or proposed acquisition, use, development or disposition by the\ntrust of any other real property.\n  2. The trust shall have the power to acquire by condemnation only the\nreal property described as follows:\n  Any real property situate, lying and being in the Borough of\nManhattan, City, County and State of New York, bounded and described as\nfollows:\n  BEGINNING at a point on the northerly side of 53rd Street distant 306\nfeet 9 inches easterly from the corner formed by the intersection of the\nnortherly side of 53rd Street and the easterly side of Avenue of the\nAmericas (formerly Sixth Avenue); running thence northerly, parallel\nwith Avenue of the Americas, 100 feet 5 inches to the center line of the\nblock between 53rd and 54th Streets;\nthence easterly, along said center line of the block, 78 feet 3 inches;\nthence southerly, again parallel with Avenue of the Americas, 100 feet 5\ninches to the northerly side of 53rd Street; and\nthence westerly along the northerly side of 53rd Street, 78 feet 3\ninches to the point or place of Beginning.\n  3. All real property, other than the real property described in\nsubdivision two of this section, in or on which all or any part of a\ncombined-use facility is or is designed to be developed (i) shall have\nbeen owned in fee by a participating cultural institution for a period\nof at least five years prior to the date on which the trust first enters\ninto an agreement for the development of such facility; or (ii) shall\nhave been owned by the city prior to the date on which the trust or a\nparticipating cultural institution first enters into an agreement for\nthe development of such facility; or (iii) the proposed use of such real\nproperty for all or any part of the combined use facility developed or\ndesigned to be developed on such real property shall have been approved\nby the mayor by written instrument delivered to the trust and the\nparticipating cultural institution; or (iv) with respect to a public\ntelevision station with respect to which a trust entered an agreement\nprior to January first, nineteen hundred ninety such real property shall\nexceed one hundred thousand square feet in area, and shall have been\nowned or leased by such public television station for a period of at\nleast five years prior to the date on which the trust first enters into\nan agreement for the development of a combined-use facility or such\npublic television facility or makes a loan to such station.\n