NY Pub Auth L § 1308 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 11-C - Capital District Transportation Authority 1308 - Acquisition and Disposition of Real Property.

§  1308.  Acquisition and disposition of real property. 1. In addition   to the powers provided in section thirteen hundred six of this title  to   acquire  transportation  facilities,  equipment  and  real property, the   authority may acquire, by condemnation pursuant to the condemnation  law   and/or  in  accordance  with  the condemnation provisions of subdivision   seven of  this  section,  any  real  property  it  may  deem  necessary,   convenient,  or  desirable  to  effectuate  the  purpose  of this title,   provided, however, that  any  such  condemnation  proceedings  shall  be   brought  only in the supreme court and the compensation to be paid shall   be  ascertained  and  determined  by   the   court   without   a   jury.   Notwithstanding  the  foregoing  provisions of this subdivision, no real   property may be acquired by the authority by condemnation or by purchase   for purposes other than a transportation facility unless  the  governing   body of the city, village or town in which such real property is located   shall first consent to such acquisition.2.  Nothing  herein  contained  shall  be  construed  to  prevent  the   authority from bringing any proceedings to remove a cloud  on  title  or   such  other  proceedings  as  it may, in its discretion, deem proper and   necessary  or  from  acquiring  any  such  property  by  negotiation  or   purchase.3.  Where  a person entitled to an award in the proceedings to condemn   any real property for any of the  purposes  of  this  title  remains  in   possession  of  such  property after the time of the vesting of title in   the condemnor, the reasonable value of his use  and  occupancy  of  such   property  subsequent  to such time as fixed by agreement or by the court   in such proceedings or by any court of competent jurisdiction shall be a   lien against such award subject only to the liens of record at the  time   of vesting of title in the condemnor.4.  Title  to  all  property acquired under this act shall vest in the   authority.5. The authority may,  whenever  it  determines  that  it  is  in  the   interest  of  the  authority,  dispose  of any real property or property   other  than  real  property,  which  it  determines  is  not  necessary,   convenient or desirable for its purposes.6.  The  authority  may, whenever it shall determine that it is in the   interest of the authority, rent,  lease  or  grant  easements  or  other   rights in, any land or property of the authority.7.  The  authority may adopt the following condemnation procedures.  A   certified copy of a resolution adopted by the authority authorizing  the   acquisition  and identifying and describing the property and franchises,   if any, sought to be acquired by condemnation  shall  be  filed  in  the   office  of  the  county  clerk  of  the county in which such property is   situated, held or maintained. A petition for an order vesting  title  to   such  property  and  franchises,  if  any,  sought  to  be  acquired  by   condemnation shall set forth a description  of  the  said  property  and   franchises,  if any, and a prayer that title be vested in the authority,   shall be presented, upon notice of the application to condemn  published   in five successive issues of a publication of general circulation within   the county where such property and franchises, if any, are located, to a   special  term  of the supreme court held at the time and place specified   in such notice, within the judicial district in which the property being   acquired or some part thereof is situated. Such proceedings  shall  have   precedence over all other cases on the calendar of such court, any other   provision  of the law to the contrary notwithstanding. Upon due proof to   the satisfaction of the  court  of  the  filing  of  the  resolution  as   hereinafter  described,  such court, not later than three days after the   presentation of the petition, shall thereupon  enter  an  order  vesting   title  to  such  property and franchises, if any, in the authority. Upon    such vesting of title the authority shall have the right to  enter  upon   and take possession of such property. A notice of such acquisition shall   be  directed  to  the  owners of the property and franchises, if any, so   acquired  and  to any other person or persons having an estate, interest   or easement in such property or a lien, charge or encumbrance thereon by   personal service or by registered mail at the last known address  within   fifteen  days  after  such vesting of title. Such notice shall set forth   such resolution, the date of the submission to the court,  the  date  of   the  order vesting title in such authority and such other matters as the   authority may determine.8. If funds are made available by the authority for the payment of the   cost  and  expense  of  the  acquisition  thereof,  the  department   of   transportation  of  the  state  of  New  York,  when  requested  by  the   authority, may acquire such real property in the name of  the  state  as   may be determined from time to time by the authority as being necessary,   convenient  or  desirable  to effectuate the purposes of this title, may   remove the  owner  or  occupant  thereof  where  necessary,  and  obtain   possession and, when requested by the authority, may dispose of any real   property so acquired, all according to the procedure provided in section   thirty  of  the highway law and pursuant to the procedure required under   federal law, when applicable. The authority  shall  have  the  right  to   possess  and  use  for  its corporate purposes all such real property so   acquired. Claims for the value of  the  property  appropriated  and  for   legal  damages  caused  by  any such appropriation shall be adjusted and   determined by such department with the approval of the authority  or  by   the court of claims as provided in section thirty of the highway law and   as required by federal law, when applicable. When a claim has been filed   with  the  court of claims the claimant shall cause a copy of such claim   to be served upon the authority and the authority shall have  the  right   to  be represented and heard before such court. All awards and judgments   arising from such claims shall be paid out of moneys of  the  authority.   No  real  property  may  be  acquired pursuant to the provisions of this   section for purposes other than a  transportation  facility  unless  the   governing  body of the city, village or town in which such real property   is located shall first consent to such acquisition.